HomeMy WebLinkAbout93-002 Ching Lin 93-002 CHING LIN
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CITE'Of CUPERTINO
INTERDEPARTMENTAL rmtc JAN. 2Q.-1-9-9-3—
To CITY CLERK From_ PUBLIC WORKS--SUMI
❑ Information MESSAGE: IMPROVEMENT AGREEMENT.--_CHING LIN (CC 1/19/93) _
❑ Implement
❑ Investigate
❑ !nvesss 1. THREE SETS OF AGREEMENT FOR PROCESSING.Discu
_
❑ Seetne 2. SUBDIVISION IMPROV'E'MEN1S PERFORMANCE BOND (ORIGINAL
C] Reply _—
attach.
Reply:—_ CHING LIN
—---- ACUFUNCTURE
CUPERTINO CA 95014
SIGNED: DATE
Forward part-1 Retain part 2
C3t4 of Cuperti"o►
10300 Torre Avenue P.O.Sax 580
Cupertino,CA 95014-3255 Cupernno,CA 95015-0580
(4081252-4505
FAX: (408)252-0753
February 1, 1993
Ching Lin
Cupertino Acupuncture
20940 Stevens Creek Boulevard
Cupertino, CA 95014
IMPROVEMENT AGREEMENT
Dear Mr. Lin:
We are enclosing to you for your files one (1) copy of the Agreement by and
between Ching Lin and the City of Cupertino, which has been fully executed
by City Officials, along with one (1) copy of Resolution No. 8821, which was
enacted by the City Council of the City of Cupertino, at their regular meeting
of Tuesday, January 19, 1993.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
4
0
RESOLUMON NO. U21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING PARCEL MAP AND IMPROVEMENT
PLANS OF PROPERTY LOCATED AT SEEBER COUNT AND
STELLING ROAD, DEVELOPER,CHING LIN,AUTHORIZING
EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING
SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of the
parcel map and improvement plans of property located at Seeber Court and Stelling Road
by Ching Lin;and
WHEREAS, there has been presented to the City Council a proposed agreement
for the construction of streets, curbs, and gutters, and for other improvements, and good
and sufficient bonds (letter of credit), fees, and deposits as set forth in Exhibit"A" having
been presented for the faithful performance of said work and the carrying out of said
agreement; and said map, agreement, and bonds having been approved by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map and improvement pians herein referred to are hereby
approved.
b. The offer of dedication for street areas and all easements is hereby
accepted-
C. The City Engineer is hereby authorized to sign said improvement plans.
d. The City Engineer and the City Clerk are hereby authorized to sign said
parcel map and have it recorded.
e. The Mayor and the City Clerk are hereby authorized to execute the
agreement herein referred to.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of January , 1993, by the following vote:
e
RESOLUTION NO. 8821
EXHIBrr "A"
SCHEDULE OF BOND, FEES, '"ND DEPOSITS
DEVELOPMENT: SINGLE-FAMILY HOME
CHING LIN
LOCATION: SEEBER COURT AND STELLING ROAD
A. Faithful Performance Bond: $109,618.00
ONE HUNDRED NINE THOUSAND,SIX HUNDRED EIGHTEEN AND 00/100 DOLLAP..S
B. Labor and Material Bond: $109,618.00
ONE HUNDRED NINE THOUSAND,SIX HUNDRED EIGHTEEN AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 5,480.90
FIVE THOUSAND FOUR HUNDRED EIGHTY AND 90/100 DOLLARS
D. Indirect City Expenses: $ 822.14
EIGHT HUNDRED TWENTY-TWO AND 14/100 DOLLARS
E. Development Maintenance Deposit; $ 1,000.00
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 969.00
NINE HUNDRED SIXTY-NINE AND 00/100 DOLLARS
G. One Year Power Cost $ 36.00
THIRTY SIX AND 00/100 DOLLARS
H. Street Trees: By Developer
I. Map Checking Fee: $ 180.00
ONE HUNDRED EIGHTY AND 00/100 DO',.LARS
J. Park Fee: Zone: II Acct. #480-416-022 $ 63,000.00
SIXTY-THREE THOUSAND AND 00/100 DOLLARS
K Water Main Reimbursement Fee: N/A
L. Maps and/or Improvement Plans Aws specified in Item
No. 23 of agreement
AGREEMENT
sEmm Cr/STEUJm
This AEI' made and entered into this day
Of R A Y , 19 /.1, Der and between the. CITY OF
aJP=M, a municipal corporation of the State of California, hereinafter
designated as CITY, and t'KM LTN hereinafter designated -.Xs DEVELOPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY for a PAUM
MP AND BUJI19M PEST to comstruct and maintain A SSE FJKaX HEM
hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the iuVrovement plans and specifications
prepared frx the Project by R W Pt�gaa ing, Lana., a true copy of which
movement plans and specifications are on file in the office of the City
Engineer. of Cupertino; and
Wes, the Same are incorporated herein by reference, the same as
though set out in full;
NOW, THERE ICRE, said i.naprovement 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: 51,9i
mwmiant to the provisions of this AMMMM. the CY'Y try
establia3 the amomits of Bonds, Fees, and omits as set forth in the
following schedule:
OF BOtIDS, Fffi AUD DEPOSI'1'S
Street MWrovement Category:
PART A. Faithful Performance Bond: $109,618.00
PART B. Labor and Material Bond: $109,618.00
° PART C. Qg and Inspection Fee: $ 5,480.90
,PART D. Indirect City F rLses: $ 822.14
PART B. Develcpnent Maintenance Deposit: $ 3.,000.00
PART F. Storm Drainage Fee: $ 969.00
PAT G. One Year Power Cost: $ 36.00
PART H. Street Trees: By Developer N/A
PART I. Map Checking Fee: $ 180.00
PART J. Park Fee: WNE: II $ 63,000.00
AO=#:480-416-022
PART K. Water Main Fee: N/A
PART L. Maps and/or Mqzmemit Plans
As Specified in Item #23
2 File: 518953
NOW, THMEYMM, IT IS HEREBY MVIVALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DENUOPER offers to dedicate the real ProPertY shown on
Exhibit "A", which is attached hereto and made a part hereof by
reference, Said dedicated property shall be free and clear of all
liens or encumbrances except those which the CMY shall waive in
writing. The DEVELOPER agrees not to revoke said offer of dedication,
and to keep said offer open until the CITY accepts offer by
resolution.
B. Upon execution of this AGRE MU the DMgWPER agrees to deliver
a properly executed grant deed to the CITY of the real property
described in Exhibit "A", and such other executed conveyances, or
instruments necessary to Convey clear title as herein required. The
DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to
the City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(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 shoes 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 AGREE, the C:l'PY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and ccWlete the Work within one (1)
year from the date of execution of this AEI', 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 mannex
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 couplete the Work in a good and
workmanlike manner in accordance with the plans as approved by the
City Engineer of a4mtino. The Work shall be done in a000ridatce 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.
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c. It is further agreed that the Mark shall be done in accordance
with the most current standard Specifications of the Department of
Public Works, California Department- of Transportation, State of
California, and in accordance with the specifications of the Cupertino
Sanitary District wharre applicable.
Whexever the words "State" or "California Division of Highways" are
me'lt-oned 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. EXChVATION PEF;&=
It is further agreed that the DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the r-TrY by obtaining an excavation
permit fran the City Engineer before the camencement 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 oarnmenoe.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his rights and interests in, and shall grant .o
CITY authorization to extract water from the underground strata lying
beneath said project and DEVELOPER agrees to execrate a "Quitclaim Deed
and Authorization" in favor of C.'M, when presented to him for
signature.
5, BONDS AND 0`11M SECURITY
A. Upon the execution of this AGREEMERr, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this Alm. The penal sum of said
faithful performance fond shall be the full cost of any payment to be
made under this AGREE1+ Wr, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMERr.
In the event that improvemeant,.0 are to be made under this AGREEMERr,
the DEVELOPER shall, in addition to said faithful performance, file
with the C rY 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 oampany
authorized to transact a surety business in the State of California
and must be approved by the City Attorney as to farm and by the City
Engineer as to sufficiency. In the event that the DEVE[AM shall
fail faithfully to perform the covenants and conditions of this
AGREEtMU, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to
perform this AGREEMEU or otherwise lmkmmi.fy the CITY for the
DEVEMPER°S failure to so do.
4
B. In lieu of a surety bmid, the DEVELCM may elect to secure this
AGREEMERr by depositing with the CITY:
1. C!ash; or,
2. A cashier's cheat, or a certified check payable to the ordex°
of the City of Qom; or,
3. A certificate of deposit, or instx m ent of credit meeting
the requirements of Goverrnnent 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 rid had the
DEVELOPER furnished the CITY with a surety bond. In the event that
the DEVELOPER shall fail faithfully to perform the cmwants and
conditions of this AGREEMM, or to make any payment, or any
dedication of land, or any improvements herein required, the CITY may
apply the proceeds of said security thereto.
D. No release of surety band, cash deposit, 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 aau*tanm by City C=Y:il
B. Release of the remainuq 10 percent of the performance
bond at one year fran acceptance after all deficiencies have
been corrected and in the absence of any claim against such
bond.
C. Release of the entire labor and material bond at six
months from acceptance aYt,.er all deficiencies have been
corrected and in the absenoms of any claim against such band.
D. viability insurance, provided by the developer to hold
the City harmless in the even* 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 Inmwance Release for Cash, CD,
Set Aside Letter are as Flollows:
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45$ at six months from acoq*anoe
after all deficiencies have been corrected and in the
absence of any claim against such band.
C. Tease 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 on any security deposited with
the CITY.
6. CHOCKIM AND INSPEMON 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 AGRFMdr, the amount as set
forth herein at Page 2 (Part C.) . Should construction cost Crary
materially front the estimate from which said sum is calculated, the
City Engineer shall notify DEVELOPER of any additional sum due and
owing as a result thex-eof.
7. INDIRECT EXPENSES
It is further agreed that DEVF.IAr-R shall pay to CM, prior to
execution of this AG UM-EDIT, indir < t expense allocable to proeessirg
these improvements, the amount as set forth herein at Page 2 (Part D) .
B. MAP CLCJG FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AG MIMU, for office checking of final
map and field checking of street mommex ts, 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 M INTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this ANr, 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.n 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. S 0 M DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CM,
prior to execution of this A PIMM, a storm drainage charge in
connection with the said Project in acom-danoe with the requirements
established in Resolution 4422, March 21, 1977, in the ainount as set
forth herein at Paqe 2 (Part F).
6
11. WATER MAIN EXTENSIO14 DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those Monies
required to oily with "Policy on Water Main lions Work and
Uep,, "-' " 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 imps outlined within the adapted
Water Master Plan.
The amount shown herein at Part K, Page 2, shall be the full amount
due.
12. ONE YEAR PCWER OOST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this AGRMWNr, the amount as set forth Herein at Page 2
(Part G) , which amount represents the power cost for street lights for
one year.
13. THE INSIrA J-ATION OF SrREEP AZEFS
It is further agreed that the DEVELOPER shall, at such time as deemed
appropriate by the City Engineer-, plant street trees in conformance
with the standards of the City of ClWxtino. Variety of tree shall be
selected from the City approved list,
14. PARK FPS
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. MAIBfr'ENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Wok are coir---ted conform to the Plans and
the City Standards and specifications for tit. Work. the DEVELOPER
shall, upon written notice thereof, immediately repair or replace,
without cost or obligation to the City of Cupertino, and to the entire
satisfaction of said CTPY, all defects and imperfections arising out
of or due to faulty workmanship and/or materials appearing in said
Work.
16. SANrrARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AGREEiMU, a letter from the L12pertim Sanitary
District stating that the DEVELOKA has e..nter<d into a separate
Ate 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 confer
with the provisions as set forth in Paragraph 15 above has been filed.
7
1'i. GOVERNMENT' CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMERr, substantial evidence that all
provisions of Section 66493, Article 8, Chapter 4 of the Government
Cade, pertaining to special assessments or bonds, have been complied
with.
18. CFNIUAL FIRE DISTRICT
It is further agreed That the DEVELOPER shall file with the CITY,
upon exewtion of this AGRED04T, a letter fz the Central Fire
Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an AGRE34W 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 BUT
It is further agreed that the DEVELOPER shall pay to Pacif is Gas
and Electric Cmvpany and/or to PACIFIC BELL Cagmny 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 DEVELOPER is notified by either the City Engineer or the
Pacific Gas and Electric Company and/or PACIFIC BE[h Company 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 cxapletion of the Project shall be acquired by the DEVELOPER at
his own oast 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
CITY a sum covering the reasonable market value of the land proposed
to be taken and to be included in said sum shall be a reasonable
allowance for severance damages, if any. It is further provided
that in addition thereto, such sums as ma.i be required for legal
fees and costs, engineering, and other ire idental costs in such
reasonable amounts as the CITY may require shall be deposited with
the City of Cupertino.
21. HOID HALd1.FSS
It is further agreed that, cwime=ing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the
cm pletion 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 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 irdependent 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: Me DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
ma?i*ain at all times during the performance and maintenance of the
Work called for or required to be done hereunder, a policy of
insmwx3e- naming the CITY and memos of the City Camil of the City
of Cupertino individually and collectively, and the officers, agents
and employees of the City individually and collectively, as insured.
Said separate policy shall provide bodily injury and property damage
coverage to the foregoing named CITY and individuals covering all the
work performed by, for, or on behalf of said DFVEUDPER. Both bodily
injury and property damage insurance must be an an occurrence basis;
and said policy or policies shall provide that the coverage afforded
thereby shall be primary coverage to the full limit of liability
stated in the declarations, and if the city, its members of the City
Council individually and collectively, and the officers, agents, and
employees of the CrrY, 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 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 AGRM04T 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 t..hereof. The City shall be shown as additionally
insured on a separate "Additional Insured Owners, Lessees or
Contractors" (Form A) or (Form 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, the
policies of insurance required herein and above shall oo-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CM shall equally apply to
municipality and political subdivision.
23. MAPS AND/OR I14Mf3vEMERP PLANS
It is further agreed that the CITY shall obtain the following map
and/or plans at the DEVEMPE R I S expense:
9
A. A mylar sepia and sever. (7) prints of fully executed parcel
map.
B. A mylar sepia and ter (10) prints of fully executed
. q r -vement plans.
C. A direct duplicating silver negative microfilm aperture
card of all executed i pr ovement plans and map.
The DEV71.OPER agrees to pay the CITY from the developnert mairttenanoe
deposit the cost for all prints of plans and map required under Item
23.
24. SLXX30SOM
This AGREEMEJr shall bind the heir, administrators, executors,
successor, assignee and transferees of the DEVELOPER. The assigrment
of this AGPMM ' shall not be made without approval by the City
Council of the City of Cupertino.
10
(Individual)
STATE OF CALIFORNIA
! COUNTY OF
SA-NTA CLARA Ss.
I
On JUNE 4, 1992 before me,the undersigned,a Notary Public in and for said
State-per`=:�llyap----_C— --- —————
I -----------------------
————————————————— --_—_ -_rsonally
W
a known to me(or proved to me on the(jasis of satisfactory evidence.)
W
= to be the person ———— whose name is subscritied
W
t1
i to the within instrument and acknowledged that hP_
�tt0®®it101tollAl�wEp®®�iatY1;17lCiii
� executed the same. �
w WITNESS my hand and official seal. Y — F9Q$ERT(] ) Lr,IGAUii l 0
� +`IC%TAf?4 P(,FJ��;-L' iIrVRNiA
S-!nature 1 Santa C,d;1 t arty
\ My ctim Npfr 9 J ;y 18,1994 i
�wtoesrsta®rearl�n�tm®s®kt®�®ls®
Name(_Typed or Printed) (This area for official notarial seal)
S-167(REV.6-62)
IN WrTNEW WHERDOF, CMY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hervumto caused his name to be affixed
the clay and year first above written.
CITY OF CUPERTIM:
Approved as to form: t k
Mayor
City Att�y citk Clcq/
• DEVELDPER:
Notary Ada iawledWant Required
• Exhibit A Attached
' it
.CORPORATION
SLAIF Of-CALIFORNIA
rote ry of
LOS ANGELES }t5,
otl __ DECEMBER 17. 1992 hetore me,the undersigned,a Notary Public in and for said State.
personally appeared CAROL ANN ROSENBLUM
= personally known to me (or proved to me on the basis of satistactory
evidence)to be the person who executed the within instrument as Attornec-
y in-Fact on behalf of Indemnity Company of California, the corporation:
therein named,and 1knowledgCd to me that the corporation executed it.
-4 e }^oeoaoc.�oecosee�NOeop�Oonq
WITNESS my hand<;nd�9t ficial seal- N FCb SEAL LE$r�� F- S E-MAGANA
�
r
iv. 7;ik;-CALIWRNIA
-.' .ii.IPAL OFFICE W
M'� E8
CM2k
/Si�n•uuiY.._ 1,J � _ c / �. e000�s �Nac?�ltGw
ICC 304(REV.2185) Aic area f)r Wicial Notarial Seai
The Insco/Dico Grou
BOND NO: 110852S/2YRS
INITIAL PREMIUM: $3,289.00
SI)BJFC'T"TO RFNEWAI..
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW At-I_ MEN BY THESE PRESENTS:
That %,e. CHING—CHEN ],IN as Principal, and
INDEMNITY COMPANY 01,CAI.II-ORNIA,it corporation organized and doing business under and by virtue of the IawS of the State
of California and duly licensed to conduct it general suretk business in the State of California as Surety,are held and firnth bound WHO
CITY OF CUPERTINO—rDEPARTMENT OF PUBLIC WORKS
as Obligee,in the sum of
ONE HUNDRED NINE THOUSAND SIX HUNDRED EIGHTEEN AND NO/IOO***************
(S 109,618.00**x****) Dollars, for which payment, well znd truly to be made, we bind ourselves, our heirs, executors and
succeEsors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal,as a condition of the filing of the final subdivision map of(Tract;Parcel) Map No. 4586
entered into an agreement or agreements with said Obligee to complete the improvements specified inMI
said agreemen' or agreements.
NOW THI=REFORE.. the condition of this obligation is such. that if the abotie Principal shall well and truly perform said agreement or 4�
agreements during the original term thereof or of any extension of said term that may he granted by the Obligee with or without notice
to the Surety,this obligation shall be void, otherwise it shall remain in full force and effect. C
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said SIN
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _,BURBANK
California,this 17TH day of DECEMBER 19 92
"PRINCIPAL-" -SURET;r
Af
CHING—CHEN LIN INDE N1 C OF CALIFORNIA
BY:./
CAROL ANN ROSENBLUM Attorney-in-Fact
.w
i Xel� 17780 FITCH, SUITE 200
IRVINE, CA 92714
[Q } IC (714) 263-3300
L—WRIDI I?REv.91N4
MIR
POWER OF ATTORNEY OF �® 13 3 9 4
INDEMNITY C® l�1NY'®P'CALIFORNIA . .
AND DEVELOPERS INSURANCE COMPANY
P.O.BOX 19726,IRVINE,CA 92713 • 1714)263-3300
NO:ICI. + Ail poNver arcs iutrt r.ry r,prgi+,grafited ha',:r..ani,eveagt tefrmnzle on file 3lEt I,- Marct, i993
2 Thy,P*wer of Attorney is void tt-a{tarred ar'I my porfiirn'S er a3ed.
3_ T,his Power of ytIa,n4y<s void unless the readable the text q ir..brown ink the signatures are in bkie ink ant!It'i,nof,cf!IS in red Hsk.
4 fhrs Power of Attorney=Should n-W c,e,p, :e c,z Auo-neyis)-In-Faac;,Fret sh„utd rt mji;tt a o-armansnt na,+cf tFe oblige-_records-
KNOW ALL MEN BY THESE PRESENTS. that,except as expressly itmaed,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each
severally,but not jointly,hereby make,cc•nstitute and appoint
***E. E. CRISTiANO, CAROL. ANN ROSENBLUM, MARGARITA 1. LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY**"
the true and lawful Attorneyts)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds•undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars($1,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of
said corporations full power of su9stitution and revocation;and all of the acts of said Attorneys)-In-Fact.pursuant to these presents,are hereby ratified and confirmed.
The authority and powers conferred by(his Power of Attorney de not extend to any of the following bonds,undertakings or contracts of suretyship:
89 ik depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease
bonds,insurance company qualifying bonds,sect-insure(s bonds,fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY 00 CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED.that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is.authorized to execute Powers of Attorney,
qualifying the attorneys)named In the Powers of Attorney to execute.on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis-
tant Secretary of the corporation be,and each of thctm hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of
Attorney or certificate bearing such facsimile signatures shalt be valid and binding upon the corporation when so affxed and in the future wiGt respect to any bond,undertaking or
contract of suretyship to which it is attached.
iN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severalty caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this ist day of April,1992,
INDEMNITY COMP NY OF CALIFORNIA DEVELOPERS iNSU ANCE COMPANY
By Q9. OAltJ'. , �___ By
Dent F.Vincenti,Jr- Dant Vincent(.Jr.
resident ap'10 oar p resident p91µ s UR4
�u4pP f+ 44,C�PPoh4r'�p
z coy o r1 q•$aAR 2T o 0
ATTEL'T W o 1361 a� ATTEST 181s I
By
A' 11
A��4�
Walter Crowell Walter Crowell
Seci etary Secretary
STATE OF CALIFORNIA)
I SS,
COUNTY OF ORANGE )
On April 1, 1992.before me,the undersigned,a Notary Public in and for said State.personally appeared Dante F.Vincenti.Jr.and Walter Crowell,personally known to me
(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of indemnity Company of California
and as President and Secretary on behalf of Developers Ir•;urance Company,the Corporations therein named,and acknowledged In me that the corporations executed it.
WITNESS my hand and official seat.
OFFICIAL SEAL
t- ` TiRESA TAAFUA
Signature NOTARY PUBLIC•CALIFORNIA
Notary Public .�1® • PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp.Aug.4.iW5
CERTIFICATE
The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President,of DEVELOPERS INSURANCE COMPANY,does hereby
Certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermcirs,that the provisions of the resolutions of the respective
Boards of Directors of said corporaticrn>set forth In the Power of Attorney,are in force as of the date of this Certificate.
This Certificate Is executed In the City of Irvine,California,this 17TH day of DECMER 199-_�.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
PANT ABU.
r.., _ O`flf116R,ft O r 4r vOs9t)Irr p
By_ + _�� OCT.fb !ao w By_ i -/ Ngft.pT,��o
L.C.Flebf isaT a tBTY ie
ger d�a L.C.Flebiger v►n « aro
ID-310 REV.3/92 Senior Vice President ap +d� Ssnioi'Vice President e r