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HomeMy WebLinkAbout92-012 Haider, Karen 92-012 HAIDER, KAREN s 1W Cit4 of Cuperti"o 10300 Torre Avenue P.O.Box 580 Cupertino,CA 95014-3255 Cupertino,CA 95015-0580 (408)252-4505 FAX: (408)252-0753 July 27, 1992 Kamran Haider 11481 South Ste111ing Road Cupertino, CP_ 95014 IMPROVEMENT AGREEMENT We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Kaman Haider, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 8709 which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, July 20, 1992. Sincerely, DDF4:Y f IU m CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works RES0=CN NO. 8709 A RESOEMION OF THE CITY COUNCIL OF THE CITY OF CZJPERTIM APPROVIM FF*I18�ALAPIAN FF��`�Tp4��DR)ROVVEglp•��r ITTj� e LOCATED ON SOU H STEIt1di1C i OAD; i EVrADPER, IGMAN R. MMER, AUT%ORIZINC THE CITY D GDOM TO SIGN THE FLNAL PIM; AND AUTIfORIZINC EXECUTICN OF AGFdMWM IN C ONNELVION THEREWITH W EREi4S, there has been presexit d to the City Council for approval of the final plan for the of street frontage located on South Stelling Road by Kamran Harr; and WHEREAS, there has been presented to the City 0,-mcil a pn*josed agrees nt for the construction of streets, curbs, gutters, sue,, and for other Inpmvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said aunt; and said plan, agreement, and bonds having been approved by the City Attorney; NOW, THMEKWE, BE IT RESOLVED THAT said final plan for the ir+ovem�.nt of street frontage on South Stelling Road be and the same is, hereby, ate; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to exaute the agreement herein referred to on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meting of the City Council of the City of Cupertino this 20th day of Julv , 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NMq: None ABSENT: None ABST&W: None RESOUMICN NO. 8709 /s/ Lauralee Sorensen Mayor, Cavity of Q4*xt im ATTEST: /s/ Dorothy Cornelius City Clerk RE 90EMICK NO. 8709 EXHIBIT "A" DEVE GPMENT: Single-Family Move-On Kamran Haider LOCATION: South Stealing Road A. Faithful Performance Bond: $13,736.00 THIRTEEN THOUSAND SEVEN HUMMM THIRTY SIX AND 00/100 DOLLARS B. Labor and Material Bond: $13,736.00 THIRTEEN THOUSAND SEVEN HUNDRED THIRTY SIX AND 00/100 DOLLARS C. Checking an;J Inspection Fee: $ 687.00 SIX HUNDRED EIGHTY SEVEN AND 00/100 DOLLARS D. Indirect City Expenses: $ 103.00 ONE HUNDRED THREE AND 00/100 DOLLARS E. Development Maintenance Deposit: $ 500.00 FIVE HUNDRED AND 00/100 DOLLARS F. Storm Drainage Fee: $ 374.00 THREE HUNDRED SEVENTY FOUR AVID 00/100 DOELM G. One Year Power Cost: N/A H. Street Trees: By Develope.- I. Map Checking Fee: N/A J. Park Fee: Zone II Ac:ct # 480-416-022 N/A K. Water Main Reimburselent Fee: N/A L. Maps anti/or Inprovement Flans As specified in Item No. 23 of agr®meit ® AGREEMENT siEEL -(NG t�fl AM #326 23-036 This A made and entered into this 2 3 rd clay Of ,June s o 1992 , by and between the CITY OF aAMMNO, a municipal ®mj=ation of the State of Califarr", hereinaf�--x designated as CITY, and 1ULWO HAMER hereinafter designated as DEVELOPER, WITNESSETH MMUAS, THE QEVEMPER has made application to the CITY for a H�CI C IR PERUT to construct and maintain HDVE*-M HOUSE hereinafter referred to as "project". WIGS, CITY hereby approves the improvement plans and specifications prepared for the Project. by IN HAIDER a true copy of which imps rovenent plans and specifications are on file in the office of the City Engineer of Cupertino; ani WIEREAS, the same are incorporated herein by reference, the same as though set out in full; NW, THEREFORE., said improvement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the PlaP.s shall be called the "Work". 1 File: 51.,952 .tit ERERS, p wsuant to the prrvei sions of this ACTT, the aM hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCiIEn'ULE OF BONDS, FEES AND DEPOSITS Street bgprovement Category: PART A. Faithful Perfarrmme Bond: $13,736.00 PART B. Labor and Material Bond: $13,736.00 PART C. Checking and Inspection Fete: $ 687.00 PART D. Indirect City : $ 103.00 PART E. Develop¢nent Mabitenanve Deposit: $ 500.00 • PANT F. Storm Drainage Fee: $ 374.00 PART G. One Year Poster. Cost: $ PART H. Street Frees: By Developer N/A PART I. Map Checking Fee: N/A PART J. Park Fee: ZONE: II N/A ACMV:480-416-022 PART K. Water Main Reimertt Fee: N/A PART L. Maps and/or Ivtpr+ovem nt Plans As Specified in Itmn ,*23 2 File: 51,952 �:•'III•..-. f •: •I, •'•' • ' - _• � •_• V:. • ell Iw ►:.:: 11' • ..��. i. -v.= fY r_• K fj. i- s�fl r. �J. •. i - •• x• •. ••,;u7• r • •J - e SO M •.•111t• - • oil of a • ate" f - �. Ar- • mM7Fmr.rs7s TW . gyp.•7 •.. ;.'`. C. It is to ther agreed that the Work shall be done in aevor anoe with the most current Stanckard Specifications of the Department of Public Works, California Department Of Transportation, State of California, and in a000xdanoe with the specifi:catimis of the Cup-ertino Sanitary District where applicable. Whenever tt a wards "State" or 00a3 ifornia Division of Hig TAOys" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director10 or "Director Of Public Works" is mentioned, it shall be oonsidered as referring to the City Engineer. In case of conflict between the State Specifications and the specif ications 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 PERMrr It is further agreed that the DEVELOPER shall ecuply with Section Three of Ordinance No. 130 of the CM Y by obtaining an excavation permit from the City Engineer Mare the ommmnotement 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 cM=enoe. 4. QUITC[AIK 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 undergroannd strata lying beneath said project and DEVEMPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. BONDS AND OTHER Sk CURITY A. Upon the execution Of this AGREIIMU, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this Ate. The penal sum of said faithful performance bond shall be the full cost of any payment to be made undex this AGREE, the value of any land agreed to be dedicated, and any mgwovaaents are to be made under this AST. In the event that improveanents are to be made under this AGRFEMM, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assuna full payment of all labor and materials required to c.orobnWt said ugxvvev"jts. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be awaited 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 avinneer as to sufficiency. In the event that the DEVMAM shall fail faithfully to perform the covenants and conditions Of this Ate, or to make any payment, or any dedication of land, or any cements herein required, the CITY shall call on the surety to perform this AGREDUN T or otherwise indemnify the CITY for the DEVE'GDPER'S failure to so do. 4 B.. In lieu or a suety bond, the DEEPER may elect to secure this AGREMENr by depositing urith the CIU: 1. Cash; or, 2. A cashier o s check, or a motif fed check payable to the order of the City of 04*tino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Goverment Oode 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 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 covetwit.s and condition,, of this AGREEKENr, or to make any payment, or any dedication of land, or any bamovements herein ra*dred, the CrN may apply the proceeds of said security thereto. T). No release of surety band, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. 1. Schedule for bond and insurance rele3se for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon aooeptanca by City Cc uncil B. Release of the rerzirting 10 percent of the performance bond at cm year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of the entire laLor and material bored at six months from aooeptanc. after all deficiencies have been corrected and in Che 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 insuranoe. 2. Schedule for Bond and Dwaldnoe Release for Cash, CD, Set-Aside Letter are as Ebllows: 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 m h bored. C. Release of remaining 10% at one year from date of acaeptanae after all deficiencies have been corrected and in the absence of any claim against such bond. 5 • D. Release of the liability insurance, pr� by the developer or eontrm for 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 agairst such insurance. E. No interest shall be paid on any security deposited with the CM. 6. CHBMUM AND INSPECTION FEE It is further agrevl that DEVELOPER shall pay any and all neoessarY direct expenses for inspection, Checking, etc., inured by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGRFDEWP, the amount as set forth herein at Page 2 (Part C.) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. INDIRECT EXPENSES I is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEKERr, indirect expense allocable to processing theme improvements, the amount as set forth herein at Page 2 (Part D) . 8. MAP CHEaCENG FEE It is further agreed that the DEVIIDPER shall deposit with CITY, prior to execution of this AGREEMENT, for office chec.ki.ng of final map and field checking of street mormexits, 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 MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CYTY, prior to execution of this AG[2EEUM, 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 unt?1 release of the surety bonds or other security permitted under paragraph 5.B by the CITY. Should the DEVELOPER omplete 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 DRY FEE It is further agreed that the DEVELOPER shall deposit w ith the CITY, prior to execution of this ACRE OWn, a storm drain ige 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 11. WATER. MAIN EaEWOK DUO= The DEVELOPER further agrees to deposit with the CLTY those monies required to oily with "Policy an Water Main dons work and Deposits" dated 9/30/77. the delmit, shall be held by the CM until said monies are rimed to implement inprovements outlined by the Director of Public Works cw improvements outlined within the adopted Water Master Plan. 11,,- amount shown herein at Part K, Page 2, shall be the full amount due. 12. ONE YEAR POWER OOSr It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this ACC, the amount as set forth herein at Page 2 (Part G), which amount represents the pager cost for street lights for one year. 13. THE INSrAnrATION OF STREMr TREE: It is further agreed that the DEVELOPER shall, at such time as dew 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 execution, 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. VA1IRMWCE OF WORT{ It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Mork are corrected to conform to the Plans and the City Standards and Specifications for the work. 0-is DEVUDPER • shall, upon written notice thereof, immediately repair or replace, without aria or obligatian 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 DISTRICr It is further agreed that the DEVELOPER sK--11 file with CM, Upon execution of this AGREMM, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREMM with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in eonf with the provisions as set forth in Paragraph 15 above has been filed. 7 f 17. G.OVEReam corm It is Awther agreed that DEVELOPER shall file with arry, apace execution of this AGREEMENT, awl ev''3eme that all provisions of Section 66493, Article 8, Chapter 4 of the Go t Code, Pertaining to s?_.ecial assessments or bonds, have been cxuplied with. 18. SAL FIRE DISIRICr It is further agreed that the DEVELOPER shall file with the cny, upon execution of this AGR. , a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOM has entered into an AGREEWw 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) yy-.w rental fee of said hydrants. 19. PACIFIC GAS AND ELFX'.'IRIC/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 undergmunding as Provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacific; Gas and Electric Oonpany and/or PACIFIC HELL company that said fees are due and payable. 20. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-gray necessary for completion of the Project: shall be aaquixed by the DEVELOPER at his own ;mot and expense. It is provided, however, that in the event eminent danain proceedings are required the CITY for the purpose of securing said easement and right-of-sway, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market `slue of the land proposed to be taken and to be included in said slam shall be � reasonable allowance for severance damages, if any. It is fort =,r provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such rile amounts as the CITY may require shall be deposited with the City of Cupertino. 21. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the 'DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim, thereof, occasioned by or in any way ul atsoever arising out of the performance or nonperformance of the Work or the negligence or willful mica 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 C"ity's agents, ewloyees and independent contractors. 22. INSURANCE It is i4rthet aged that: Mw DE ELOPER shall taus out, or shall require any cmit actor engaged to perform the work to take out, and maintain at all tames during the performance and maintenance of the Work called for or requiredl to be done hereunder, a policy of mw urance naming the CITY and Anu bers of the City C cx=il of the City of Cupertino► individually and collectively, and the officers, agents and WV10yeeS of the City individually and collectively, as inured. Said separate policy shall provide bodily injury and pYaperty damage amp-rage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; • and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its mnembers of the City Council individually ar.3 collectively, and the officers, agents, and euployees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a miniam= of ".Best A-7" in accordance with ABAG policies. A. Each of said policies of insurance shall provide coverage in the following minLimm amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any Om 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 AGREamT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as &.all 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 (1.0) days advance not ace thereof. me City shall be shown as additionally insured on a separate "Additional Insured Owners, lessees or Contractors" (Form A) or (Farm B) Endorsement provided along 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, Cie 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 C1r: shall equally apply to municipality and political subdivision. 23. MAPS AND/C?R neRMBUM PLANS It is further agreed 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 executted iu�rave�nent plans. C. A direct duplicating silver negative microfilm aperture • card of all executed plans and map. 7 e DEVELMV t agrees to pay the aM from the dewlopment maintenance deposit the cost for all prints of plans and map requxed under Item 23. • 24. SUCCESSORS This AMMUM shall bind the heirs, administrators, owaxtors, successor, assignee and transferees of the DEVECDPER. Uhe assignment of this AMMMM shall not be made without approval by the City Council of the City of amino. 10 ALL-PURPOSE ACKNOWLEDGMENT NO.u9 State of Cali Sarni '„ CAPACITY CLAIMED BY SIGNER County of 564 ofa 1''Qy'& . A INDIVIDUAL(S) �r i ❑ CORPORATE On 1-Uty l I�CIL before me,� on �� CVal' °� Nolan/ "6�_ OFFICER(S)�__._ DAT NAME.TITLE OF OFFICER• G.,'JANE D0f.NOTARY PUELIC' TITLEIS) V,, 8 ❑ PARTNER(S) personally appeared Ko mi c n Wa i dw ❑ ATTORNEY-IN-FACT NAMES)OF SIGNER(S) ❑ TRUSTEE(S) t: personally known to me-OR- ❑proved to me on the basis of satisfactory evidence }; SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are ❑ ❑ GUARDIAN/coNSERVA70R subscribed to the within instrument and ac- knowledged to me that he/she/they executed ❑ OTHER: the same in his/her/their authorized OFFICIAL NOTARY SEAL capacity(ies), and that by his/her/their CARLTON B.CRAIGHEAD Notary Public—Calitornia signature(s)on the instrument the person(s), `•.�' '° SANTA CLARA COUNTY or the entity upon behalf of which the persan(s) SIGNER IS REPRESENTING: fit) comm.Expires MAR 3�.19g5 NAME OF PERSON(S)OR ENTITY(IES) acted, executed the instrument. 5� i Witness my hand and official seal. _ r _ ' t SIGNATURE OF NOTAR Y ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could pre nt fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document —en± z r Per , Cc`V MUST BE ATTACHED Number of es Pa Date of Document n6nn •9 d.. TO THE DOCUMENT g —�— DESCRIBED AT RIGHT: Signer(s)Other Than Named Above ' ®1991 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave.-P.O.Box 7184-Canoua Park,CA 91304•7184 3W %rTNM MMWF, CM has caused its trams to be heremutto affilea by • its Mayan and City Clerk, theraz to duly autharized by resolution of the City Oouroil and said DEVEMPER has hereunto caused his namra to be affimed the day and year first above written. CITY OF COMMO: Approved as to fo¢m: I / yor = ,, ' /v) , c ty Attorney City Cl Dom: a KAMRAN HAIDER Notary Arledgraertt Required Wdbit A Attached r � i 11 SECURITY WEST MORTGAGE (408)867-6000 (408) 741-G?22 FAX 14375 SARATOGA AVE., SUITE A SARATOGA, CA 95070-5978 June 19, 1992 LETTER OF CREDIT Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Withhold of Funds for Faithful Performance and Labor and Material for Kamran and Shaherbano Haider, 11481 S. Stelling Rd. , Cupertino, CA 95014 Security West Mortgage agrees to hold $13,736.00 as faithful performance and labor and materials Bond for improvements to be made at 11481 South Stelling Road in Cupertino, CA. These funds will be made available to the City of Cupertino at such time to fulfill the obligation of Kamran and Shaherbano Haider if developer fails to complete subject project. This security will remain in full force and effect until released by the City of Cupertino in writing. Security West Mortgage certifies that the required documentation has been executed by Kamran and Shaherbano Haider, the owners, approving this letter of credit. Sincerely yours, Peter A. Craighead, Loan Processing Manager a i 9 e ° 2032601A.SWM ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of California CAPACITY CLAIMED BY SIGNER County of Santa Clara ❑ INDIVIDUAL(S) ❑ CORPORATE _ On- une 19. 1992 before me, Carlton B.—Craikhead. Notary Public OFFICER(S),_ + DATE NAME,TITLE OF OFFICER-E.G..-JANE DOE,NOTARY PUBLIC I TITLE(S) ❑ PARTNER(S) personally appeared Peter A. Craighead _ ❑ ATTORNEY-IN-FACT NAME(S)OF SIGNERtSI [] TRUSTEE(S) ® personally known to me-OR- ❑proved to me on the basis of sati,,Iactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- GUARDIAN/CONSERVATOR a FA knowledged to me that he/she/they executed ZXDTHER:_ Comoan�r the same in his/her/their authorized Manager ,._ OFFICIAL NOTARY SEAL capacity(ies), and that by his/heritheir d im CARLTON 8.CRAiGHEAD Notary Public--SANTA CLARA CouNTv signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) SIGNER IS REPRESENTING: My Comm.Expires MAR 31,1995 acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) Witness my hand and official seal. _Security West [brtgage C p SIGNATURE OF NOTARY I� ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Let ter of Credit MUST BE ATTACHED Number of Pages__ One ( 1) __ Date of Document June 19. 1992 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above_ None <`. 1991 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.-P.O.Box 7184•Canoga Park,CA 91344-71184 DE4--3 r 1y31 lfd�32aM 11457 P.02 j0*FROM'-5E�URITY WEST MORTG MAIL THIS r,•AY"> ; Vito: ltirGURlrEt). pLbASE tNSTRUMEN1' YO KAx171%. ET AL 114 tt�itio�cA 95()14 C FtbRR'•1aftL OP36Y '...°..�••�' E,ero. Mow .73GCg3g. .�... «^•'"...a............... Acc ASOV9 IF tli�64 Order No_...... _.._ . lot° ® ER OF X ORN'Ey '(iCX SPECTIIC K1NGD0"t OF -rills(�tV at!a'®s w oT OF A617®.,lTY t . .«..........•• .....t.ot�rre:7toapinclpsi)......,..,,.of the TU"� G1IIZALAV+DER bo*iasiat t + ........... Of Ptt#OrA or n.ta 2&QV,J-N,CF.......... ................. ................. .. .AAP IA•' W3. y . . .... sppoint..........s1tA» aald sttorney...••.••is authoetsed hereby dividend►. .. I1R «,,,,,,...true and lawful®Itotney......, d benefit, legucles,ke4ueetfa interest,. and to ., and for principal's use and unto, g rind el. I principal's name. debts, act o a able.at yelanging to t► ea for the to demand, sue tor, collect, and tier shall all money, due' the 'etc. and Sing d'►scharb +ties. and dernonds as art now o every thereof afnb tboee�mpdue,P e Possession annu eans. for the take all lawful m yy camel contracts of every kind relit the v�tharoci't interest therein or nlak c control over goods waves, and (2) ►o buyr and sell =akd•p¢ , yy manner deol in and with Ing 0eewion or In ., ;,,ea�lar, and ezcrc�,e r nefer. and In any thereo., -nd othscate. ssol8 ►tat stock.and other Property p h of buaiws of whatever Astute! (3) to buy. stile tr,ortgoge, deeds, leoseo Ineludin� lea►os for Y Merchandise, chores in all", I ransactoall and every 1'clrldr®,+ instructions a. r, least o and assignments of action, and to make, do, nrnentf of leases, covenants. ag to execute.ac4nowledge end deliver s, and of,aloe 69 convey s of nlottda es. ante, in trust to secure Indebtedness o t41 drocatbon substsrtn t^d assig subottlinelions,of liens or mortgages,ere• minerals end by mortgages and asstp releases *III satisfactions of mottg 6 opleemenif. n the benef•=g;lev'tdenemft of debt,t� n other instruments in bonds. notes, recelp . ud nteritf. and other debts, and Other obli into�4it�nd o ds. artier or full, j $ bills of lotn6• deeds of tCU,t, P sue terms aad sonditiona and undo sutslt to ao faI querns took wbagtvi ind and nature, all upon s D Tq 1GR MATTERS ELATE writing . pECrg1GALLY ,,.......�.•••.•..•............. . attorney........fl►all approveIS TO BE USED S ...................... POWER OF AT'TORNhY ......... . ... .. .............,......,............., ''STEELING ROAD CUYl;tt°l.1Nq .. a THIS P iCNg4J A5 11481 S• ..... ..... ............ ................ . .........•....... ............. qF T1iF PFpPERTY ......... ............. .... .... ....................TtiE FINANC;.KG. .......................................... ....�23�036) ...... ..... ..... ..... ...:.... .... .... ...�nd every act and Ilting I1rRO,yIA {APN„ '�;..362 .................. power snd authority to dolalio all intents and purport, p gin sa fully CAL �� tuts o fare 8.............. ..... GyIANR'1 to Said attdonryrel���re to any of the 6 Gf"NG AND to be of this Pow of at►orney t► wholl'oeYlr requisite and nectssalY Personally present. of principal might or could do it � or ,ease to be dons under the avtl+only All that said attorney_...... shot i lawfully do expressly approved, ... ...... .... .. ............. Dated cr+o00M OF SnuUIT Al1b f►f"1 r",1.11"Oltt•11R 5. incFS S .. (AStr@H t+oOV t(1t}N�� [1F� .... .... ...... ...... ' Tornio OF .. ........... ttya SUArt GFNFRAL OF ME 9 3 •,N,/to,S1A11S, OF. Ay,Er�4A f DpCP.3Tlbe11..� ..�... .....•e • h daY. .�' 1�ub►ic is and im on ....4� s pintsry 1 to mt. the un.lea•ianed. t)z ap.tsr►d 1 ............. ... . ... be o �tc't,lc,rtry'en►.... .. er on Y ........ .. paid(:Aunty on Zd a ....., U•.yL./.{{ ... ......... .. .... ...... ... ` ,.. 1,.�a • J t� .........I .,.. vho•e now"", to mr to in il.e ►tkauMlt4ta that ryratiirsd to two richfn in.uumenl on d is r �►urk:•d Ih �� • C.✓ �t�,otstr�rtSnitute lintl tltli Ca 1ryu1 pr �Sre c m�HICp � n ,Ipzt:,, Or.. 4' d Igo Iontsrl•1 +hell 4r IYLt edr I;0s. e:r)S 8.n.er .,Ann CITY OF CUPERT INN INTERDEPARTMENTAL Date July 21, 1992 To CITY C1;ERlC From PUBLIC WORRS--SUI�tII Information MESSAGE:— KM" RAIDER (CC 7/20/92) ® Implgment SOUTH STELLING ROAD ❑ Investigate ---- ❑ Discuss — 1. THREE SETS OF AGREEMENT FOR PROCESSING. ❑ see me 2_ BMM SECURYTY WEST 14ORTAGE LETTER OF CREDIT. ® Reply 3. POOR OF ATTORNEY _ QM ATTACH. !- — Reply: KAMM HAIDER 11481 SOUTH STELLINGCUPERTTIM RD. - , CA 950M — ----_— SIGNED: � ------ DATE Forward part I Retain part 2 - !—!