HomeMy WebLinkAbout93-014 Lee, Sang IL 93-014 LEE, SANG IL
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RFC("ORUINO RFiQ(TE:STEI)B)' DOCUMENT: 15191828 Titles 1 / Pages 3
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City Clerk's Office � BRENDA DAVIS RDE tt 009
011)f of 01pwino SANTA CLAP.% COUNTY RECORDER 3/27/2000
10300 Torre Avenue Recorded at the request of 10: 12 AM
Cupertino, CA 95014-3255 C' ty
3- �y
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE' IN ACC ORDANCE
IV/TN GOV. CODE 6103
CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION
IL SANG LEE
10091 IIILLCREST ROAD, APN 326-16-012
10 Original
0 For Fast Endorsement
City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
(408)777-3354
;C—W( F FAX(408)777-3333
PUBLIC WORKS DEPARTMENT `=
CERTIFICATE OF COMPLETION
AND
NOTICE ON ACCEP fANCE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City
Engineer of the City of Cupertino, California, do hereby certify that the municipal improvements in
conjunction with the following project:
IL SANG LEE
10091 HILLCREST ROAD, APN 326-16-012
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on March 20, 2000.
1..._--s._--�'�
trec 01 ub -c Works and
ity Engin r of the City of Cupertino
Date: March 22, 2000
Printed on Recycled Paper
VERIFICATION
1 have reviewed this Certificate of Completion and Notice of Acceptance of Completion.
To the best of my knowledge, the information contained herein is true and co..�iplete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 23rd day of March 2000 at Cupertino, California.
Administrative Clerk
City Clerk's Office, City of Cupertino
Cit,4 of Cup er i"o
10300 Torre Avenue P.U. Hox 580
Cupertino. California 95014 Cupevtino.California 95015
Telephone: {408) 252-4505
July 12', 1993
11 Sang Lee
10091 Hillcrest Road
Cupertino, CA 95014
IMPROVEMENT AGREEMENT.'
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and 11 Sang Lee, which has
been fully executed by City Officials, along with one (1) certified copy of
Resolution No. 8922, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Tuesday, July 6, 1993.
;inc rely,
ROBERTA A. WOLFE
DEPUTY CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
g RESOLUTION NO. 8922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE
LOCATED AT 10091 rULLCREST ROAD, DEVELOPER, IL SANG LEE,
AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAI. PLAN, AND
AUTHORIZING EXECUTION OF AGREEMENT IN CONNEC•TIG. THEREWITH
WHEREAS, there has been presented to the City Council for approval of the final
plan for the improvement of street frontage located at 10091 Hillcrest Road by 11 Sang
Lee; and
WHEREAS, there has been presented to the City Council a proposed agreement
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 faithful performance of said work and the carrying out of said
agreement; 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 street frontage at 10091 Hillcrest Road be and the same is, hereby,
approved; and the City'Engineer is hereby authorized to sign said final plan; and the
Mayor and the City Clerk are hereby authorized to execute the agreement herein referred
to in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of__,may , 1993, by the following vote:
Vote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
a RESOLUTION NO.3922
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: SINGLE FAMILY DWELLING
IL SANG LEE
LOCATION: 10091 HILLCREST ROAD
A. Faithful Performance Bond: $13,702.00
THIRTEEN THOUSAND SEVEN HUNDRED TWO AND 00/100 DOLLARS
B. Labor and Material Bond: $13,702.00
THIRTEEN THOUSAND SEVEN HUNDRED TWO AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 550.00
FIVE HUNDRED FIFTY AND 00/100 DOLLARS
D. Indirect City Expenses- $ 102.00
ONE HUNDRED TWO AND 00/100 DOLLARS
E. Development Maintenance Deposit: $ 500.00
FIVE IIUNDRED AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 293.00
TWO HUNDRED NINETY-THREE AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
i. Map Checking Fee: NIA
J. Park Fee: ZONE II N/A
ACCT#480-416-022
K. Water Main Reimbursement Fee: $ 1,125.00
ONE THOUSAND ONE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS
L. Maps and/or Improvement Plans As specified in Itern
No. 23 of agreement
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AGREEMENT
10091 HIMLOtMW ROAD
APN #326-16-012
This AGREEKW made and entered into this
of -f� - ' ;�� f y- , 19 1-a--, by and between the CITY OF
CUPF.Rr=, a minicipal corporation of the State of California, hereinafter
designated as CITY, and II, SMV IME hereinafter designated as DEVEIAPER.
WITNESSETH
WHEREAS, THE DEVELOPER has made application to the CITY" for a
SING PFRkIr to construct and maintain A. S NUE FAKELY EEW
hereinafter referred to as "Project".
LOFAS, CITY hereby approves the improvement plans and specifications
prepared for the Project by MUM CTVD. Q STRUCTURRL ENG3NEERS a true
(-mpy 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, ZTEEREFORE, 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: 5.1,989
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WHUUAS' pursuant to the Provisions of this AGREEmEur, the CITY hereby
established the aunts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCI*WLE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $13,702.00
PART B. Labor and Material Bond: $13,702.00
PART C. Checking and Inspection Fee: $ 555.00
IU D. Indirect City Expenses: $ 102.00
PART E. Developuent Maintenance Deposit: $ 500.00
PART F. Storm Drainage Fee: $ 293.00
PART G. One Year Power Cost: N/A
PART H. Street Trees: By Developer N/A
PART I. Map Checking Fee: N/A
PART J. Park Fee: ZONE: II N/A
ACCT#:480a416.-022
PART K. Water Main Reimbursement Fee: $ 1, 125. 00
L. Maps and/or Iwprovemer9t Plans
AS Specified in Item #23
2 File: 51,E
auras®
NOW, THWEEWE, IT IS 11EREBY NJt MMILY AGRMM by and between the
parties hereto as follows, TO WIT:
1. DEDICATIM
A. The DEVELOPER offers to dedicate the real property sham on
E&ibit "A00, 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 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. Upon execution of this AGRMWU the DEVELOPER 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 relatuig to the property offered for dedication.
(2 A standard policy of title insurance issued by a title
insurance company ar+d insuring the CITY in the sumo of: N/A,
and which shall show said property free and clear of all
liens or enhances 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 AGREEMERr, the CITY
agrees to accept said real property offered for dedication.
2. IrdSTAI;E ATION OF WORK
It is further agreed that:
A. The DF'JELDPER shall instsll and complete the Work within one (1)
year from the date of execution of this Air, or such longer
period as may be specifically authorized in writing by the City
Engineer. Li 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 goal and
workmanlike manner in accordance with the plans as approved by the
City Engineer of cUpettino. 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 r."s set forth.
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C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of
Public storks, California Department of Transportation, State of
California, aid in accordance with the specifications of the Cupertino
Sanitary District where 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 PERMIT
It is further agreed that t°'i: DEVELOPER shall comply with Section
Three of Ordinance No. 130 of the CITY by obtaining an excavation
permit from the City Engineer before the commencxmient 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 Ery7ineer of the exact date
and time when ;he proposed excavation is to cxmenoe.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY,
shall quitclaim all his riots 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 SE)CL RITY
A. Upon the execution of this AGREEME14I', the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this AuREEME T. The penal sun of said
faithful performance bond shall be the full cost of any payment to be
made under this AGREEMEffr, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGPEEMEVT.
In the event that improvments are to be made under this AGREEMENT,
the DEVELOPER shall, in addition to said faithful performance, file
with the C2TY 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 ompany
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 DEVELOPER shall
fail faithfully to perform the covenants and amnditions of this
AGREEMM, 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 AGREEMEWr or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
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B. In lieu of a surety bond, the DEVELOPER may elect to secure this
A( T by depositing with the CITY:
1. Cash; or,
2. A cashier's check, (x a certified check payable to the order
of the City of Cupertino; or,
3. A certificate of deposit, or izotrumm* of edit meeting
the requirements of Goverment 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 AGREEMERr, or to awake any paymm it., 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 bond, 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 acceptance by City Council
B. Release of the remaining 10 percent of the performance
bond at one year from 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 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 Band and Insurance Release for Cash, CD,
Set-Aside Letter are as Fbllows:
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45% at six months fr -m acceptance
after all deficiencies have been cx .ed and in the
absence of any claim against such I-xxnd.
C. Release of remaining 10% at are year from date of
acceptance after all deficiencies have been corrected and in
the absence of any claim against such band.
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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. QHBCKM AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., uxxarred by CITY in
connection with said Project, and that DEVELOPER shall have deposited
with CITY, prior to execution of this AEI', the amount as set
forth herein at Page 2 (Part C.) . Mould construction cost: vary
materially from the estimate from which said sum is calculated, the
City Engineer shall notify DEVE'I.OPER of any additional sutra 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 AGRF.EMERr, indirect expense allocable to processing
these improvements, the amount as set forth herein at Page 2 (Part D) .
8. MAP C ECKM FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AMUM4ERr, 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 MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGRF..aMW, 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 Pray Yx utilized for repairs of defects and
imperfections arising out 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 reTii red repairs to the antire
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 AGREEMEU, 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
11. CATS MAIN EXTENSION DEPOSIT
The DEVELOPER further agrees to deposit with the CITY those monies
required to comply with "Policy on Water Main Ebctensions Work and
Deposits" dated 9/30/77. The deposit shall be held by the CITY until
said monies are needed to implement igrovwents outlined by the
Director of Public Works or improvements outlined within the adapted
Water Master Plan.
The amount :;town 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 AQ EEMMU, 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 INSTALLATION OF STREET TREKS
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 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 lard 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. MAINTENANCE OF WOFX
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, immediately 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. SWITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon
execution of this AQ EENW4T, a letter from the Cupertino Sanitary
District stating that the DEVELOPER has entered into a separate
AGE with the said District to install sanitary sewers to serve
all lots within said Project and stating that a bond to insure a full
and faithful performance of the construction of the said sanitary
sewers and to insure maintenanoe of said sanitary sewer in conformance
with the provisions as set forth in Paragraph 15 above has been filed.
7
17. GC%?E d6ffW CODE
It is further agre �-1 that DEVELOPER shall file with CITY, upon
execution of this AEI', substantial evidence that all
provisions of Section 66493, Article 8, Chapter 4 of the Government
Code, pertaining to special assessments or bonds, have been oouplied
with.
18. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY,
upon execution of this API°, a letter from the Central Fire
Protection District of Santa Clara County, stating that the
DEVELOPER has entered into an Aft with said District to
install fire hydrants to serve said Project and stating that all
necessary fees have been deposited wits said District to insure
installation and five (5) year rental fee of said hydrants.
19. PACIFIC GAS AND E CIRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas
and Electric Ccmpany and/or to PACIFIC BETI Caffpany 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 Caxpany and/or PACIFIC BELL Company that
said fees are due and payable.
20. EASEMENTS AND RICHr-0E-'AF,Y
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
CTI'Y 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 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 HA144LESS
It is further agreed that, mincing with the performance of the
Work by the DEVELOPER or his contractor and continuing until the
emnpletion of the maintenanoe 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
performwx a or nonperfornanoe of the work or the negligence or
willful mic 2ct of the DEVELOPER or the DEVELOPER'S agents,
employees and indepentlent contractors, except to the extent any of
8
the foregoing is caned by the negligence or willful miscamhict of the
City or the City/s agents, employees and independent contractors.
22. INSURANCE
It is further agreed that: Tbte DEVELOPER shall take out, or shall
require any contractor engaged to perform the Work to take out, and
maintain at all tip during the performance and maintenance of the
Work called for or required to be done hereunder, a policy of
insurance naming the CITY and 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 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 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 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 insurance only.
The insurance carrier shall provide proof of their ratings. All
ratings shall be a minimum of "Best A-711 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 lvnit of not less than $200,000.
B. rrhe DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREE MENr by the DEVELOPER R 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 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 co-name such
municipality o:- 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 DFROVEMERr PIANS
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 paroe-1
map-
B. A mylar sepia and ten (10) prints of fully executed
improvement plans.
C. A direct duplicating silver negative microfilm aperture
card of all ex improvement plans and map.
The DEVEIDM agrees to pay the MY from the development maims
deposit the cost for all prints of plans and map required under Item
23.
24. SUCCESSORS
This AGRMOU shall bind the heirs, administrators, executors,
successor, assignees and transferees of the DE'VEIDPER. The assignment
of this AGUMM4T shall not be made without approval by the City
Council of the City of cljpextino.
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INDIVIDUAL ACKNOWLEDGMENT NO,201
State of _ On this the ig, day of S` _19�?,,before me,
Iss. All
County of__ __ the undersigned Notary Public,personally appeared
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) '�S subscribed to the
within instrument,and acknowledged that_ f� ^executed it.
WITNESS my hand and official seal. j
Notary's Signatures
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE Title or Type of Document `_�%�` =
. �o
MUST BE ATTACHED Number of Pages, Date of DocumentTO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above _
0 NATMAL NOTARY ASSOGAWN•8M Rammet^m.-P.O.Box'184•Carwga",CA 913D47184
• r
IN WMESS WHERMF, CrrY has caused its name. to be hereunto affixed by
its Mayor and City Clerk, t2ermnnto duly authorized by resolution of the
City Ommcii and said DEVVELCM has hereunto caused his name to be affixed
the day and year first above written.
^13'Y OF CUPE :
r� e�
Approved as to form:
Mayor
i
City Attorney Ci Clerk
DE�IE[.APII2:
0
Notary Acknowledp ent Required
Exhibit A Attached
11
ME
NOTARY ACKNOWLEDGMENT
State of California
County Of San Francisco
On 11-4-92 before me,_ Lisa M. wall _ (here insert name)Notary
o public, personally appeared Sharlene Franco personally known to me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to ma all that he/she/they executed the same in his/her/their authorized capacity(ies',, and that by his/her/
their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature—_ ` ' ,� C l%` .1 (Seal)
v
CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING
NAME OF PERSON(S)OR ENTITY(IES)
J ❑ INMADUAL(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR
❑ CORPORATE ❑ ATTORNEY IN FACT ❑ OTHER
' OFFICER(S) _ ❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certif-Mate.
THIS CERTIFICATE MUST Document Title or Type:BE ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages: _ —___Document Date: —
HEREIN:
Signer(s)other than named above; _ --
*UN-A9016(7191)0
FAITHFUL PERFORMANCE BOND Bond # 007002471
PREMIUM $ 411.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, IL SANG LEE DBA: HALLELWAH CONSTRUCTION
as Principal and 7MMST SURETY INSURANCE COMPANY
as Surety are held and firmly bound unto the 71ty of Cupertino, State of California,
in the sum of THIRTEEN THOUSAND, SEVEN HUNDRED AND TWO & 00/100Bollars
($ 1 3,7 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated
with the Obligee
to de and perform the following work to-wit:
Street. Improvements located at 10091 Hillcrest Rd.
Cupertino CA 95014
NOW, THEREF-JRE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
3 and Surety this 4th day of November 19 92.
(To be signed by Principal
and Surety and acknowledgment.)
IL SANG LEE DBA:
H_A,LLELUJAH CONSTRUCTION
P r i Y&IT pal
AMVJEST SURETY INSURANCE COMPANY
Surety
• BY: �i-,�--
'. ey in- ac S LENE FRANCO
The above bond is accepted and approved this day of 19
. LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
. WHEREAS, the City of Cupertino, State of California, and
IL SANG LEE DBA: HALLELUJItH CONSTRUCTION
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set fort'.i;
NOW, THEREFORE, we, the Principal, and
AMIWEST SURETY INSURANCE COMPANY _
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and .full sum of
THIRTEEN THOUSAND, SEVEN HUNDRED AND TWO & 001100--- _
--------------- ------------- ($ 13,702 ,00
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
NOTARY ACKNOWLEDGMENT
State of California
County of San Francisco
On 11-4-92 before me—Lisa M. wall (here insert name)Notary
Public;personally appeared Sharlene Franco _ ,personally known to me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official sea).
Signature— f' f' L — (Seat)
CAPACITY CLAMED BY SIGNER SIGNER REPRESENTING
NAME OF PERSON(S)OR ENTITY(IES)
❑ INDIVIDUAL(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR
❑ CORPORATE _ .-_ ❑ ATTORNEY IN FACT ❑ OTHER
OFFICER(S) __- ❑ TRUSTEE(S) _--..-
___ ❑ SUBSCRIBING WITNESS
ATTENTION NOTARY:Although the information requested below is OPTIONAL,N could prevent imudulent attachment of this cW ticate.
THIS CERTIFICATE MUST Document Title or Type:
BE ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages: _ ---Document Date:
PEREIN:
Signer(s)other than named above;
J*UN-AS016(7r91)0
• Ldbor and Material Bond Page 2
i
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, thi$ Instrument has been duly executed by the
4t
Principal and Surety this day of November , 19 9Z
IL SANG LEE DBA:
anr_r rrr rrYa+v r�.+yx `Y'RUCTION
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required.) AMEST SURETY INSURANCE COMPANY
Surety
r�
ey-in-F S ENE FRANCO
• The above bond is accepted and approved this day of
19
r
e
6/17/85
AM
e
R.
BOND NUMBER KWFR NIAMER NOT V A L I D FOR BOND
007002471 0001. 82517 —72 EXE: UTEU ON 3R AFTE
9-25-93
PRLNCCLPAL =_._..... ..
p '"Na sum
�TI: SANG"LIs� DBh. Tr](rlf±�,i3aA - COltl<STRUf'TI Old . .
713,702.00
t OBLIGEE
CITY OF-CUPERTINO.
------------
' This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised
rt; seal of Amwest Surety Insurance Company (the "Company"). Only unaltered onginals of this Power of Attorney are valid.
This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be
used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may
be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney
1 used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect.
KNOW ALL MEN BY THESE PRESENTS,that.Amwest Surety Insurance Company,a California
corporation (the "Company"), does hereby make, constitute and appoint:
SHARLENE FRA14CO
AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY r'
its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety,
{ to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances or other written obligations in the nature thereof as follows:
L did Bonds up to $*M1,000 ,000, 00
Contract (Performance & Payment) , Court , Subdivision $**1 ,000,D00.0
License & Permit Ponds up to $M11,00o,ono .o0
lliscelLaneous Bonds up to sr:1,000, 000 .00
SmaLL Business Administration Guaranteed Ponds up to $#*1,250,000.0
�w
g
and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the
9- Company, which are now in full farce and effect.
Jtr CERTIFICATE
1, the undersigned see retary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
. provisions of the By-Laws of the Company, are now in hill force and effect.
SAN F'RANCTSCO 4th Octo e r �2
a:
Signed and sealed at this day of 19
00 00182517 — 72
Karen G. Cohen, Secretary P
.;µr
x
Resolutions of the Board of Dirertors
It:-_ poN"'i of A."o-'I It\ 'ind b\ t'he a I 1!11": by the
I'),,,i r,i of i Ii I c�.t t, %I v, 1 1xsf V'i n ... ... .
Ina", i1ppoln" J, 11,�I:ze,,' :n T"! k�!,'
'in c.ich c.tsc, fc, on N-1d1 ki;:!�\cv ��-_A �c,,l "t npx-�y I') hol
undcrt.ikin,_�,. TI LJUI i,11 Jlc -in-
fact or 10 !V:"1'l
-T% b, .31 d
uppIl the
when Pil"Ildc"I 11 Pic-ulci't an,l iricl l l 1nc be .
!)v the Pa,Siilcnt ot.1!w t x (If J11"i L�(,`..I
x.id Sc.iiiC1 %if
leal bc zvq"I:T,,d 1)". xI0lncv-in-,,l,.t Or 3 'il',: or
(iii), \�hcn dilly 3lnd 5calwd 'd Ci Sk.jlt n-quin,JI l')y oLnc ni, noc 61Uon,,1m-fwt or-igents pvusJ81lt
10 lild ti 11111Ii the Lnl:1-; of 11-0 ;1u;'no"Tv c%)dell,cd 11v L11c no\vOl 01 iS,Ilcd by tilt; Comixinvto
-tidl or
RESOLN11) I I.Tj HIA", [I-o
_,Incj ��ilcj,"' �f tjjc llm\ bc Ifflwd by
fac,imilc it, illy P�,%\cv 01.1 0-1 0wit,k)i [Zilll, (lie XIJ Jolzwn of 'lliv 1)'In"I 111)(1clial'Jil"j,
rccog gni-xicc, or odict- Sul hll of-Jhg,ul,vl Illc 01111vn,,, 1lIci sii,h oml Sc,ll MWM SO llyCul $11,111 the
SaIlle force 1incj efloct ils tlwlj�oh m,11111ailly
IN 'WITNESS, \VI ILRYOF,All wcst Sumy hitum,,�L, (111111,117, h'is L,,IucJ prcStm 10 ')C -1,�M�Clj by its proper officers, and
its corporate seal to be lici-cun--c, affixed this 1�I d,lr l'! 1000,
�g,P 0 0
1,1,11Y
STATE OF CALIFORNIA (VU,,�TV OF k AV-11'I Pti
Tc i:-id I,,',I:vr oh"-11, Zo nic kno-wil CO bc tile
On this I"I CI IN of N00, pcI)1I,l!1y .x,,I,,' hc lrOIC 1�1(' 10�,n I�
inchvidu,d5 iiml (11 AWWC�,( Cm,111til 111c 1!1,1 1111"will, mlcl thcV ll:lvc 'Idalk)"dedo d the
execution 01 kild '11111 'j\ 111'11 Tflcv;lie I1Ic,;,IId01!Icc!"01
-Ill'I 111'at the sc,11 'Liffixc(I 10 01C ill)0%C 111`=11011WIII 15 tilt 01 'IIIJ thca ures AS such
t-)fficcrs, III, 'lld lo b\ lht' Iickol1[� hi tilt' N%1;cl 01 of sm(l col-pol'illioll.
-,vet-c cludy ind �,tlb-,cntbcd t
OFFI-LAL SEAL
AKA B.ZAMUDIO-SOUS
NoPrt IP
ary Pubic-Caffom%io
ANCAL CFRCE IN
LOS ANGELB COUNTY
My Caffvrbalon Expk*
ct I obor 22,1993
U)�Idlo.tiolls, N"Ilary Public
ResLrictions and Endorscments
CITE'OF CUPERTINO
INTERDEPARTMENTAL Date JULY 7, 1993
To_ CITY CLERK Fron-i PUBLIC WORKS--SM
❑ Information MESSAGE: IL SANG LEE, 10091 HILLCREST ROAD (CC 716/93) __
t]� Implement
❑ Investigate
❑ Discuss 1. THREE SETS OF IMPROVEMENT AGREEMENT FOR PROCESSING.
❑ See me 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR AND
C3 Reply MATERIAL BOND (ORIGINALS
SM
Reply:-- —
11 Sang Lee
Cupertino, Cam, 95014
SIGNED: DATE
Forward part 1 Retain part 2