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HomeMy WebLinkAbout93-029 Landmark Property 93-029 LANDMARK PROPERTY RECORDING REOUESTED BY NO 4 S PA GE 0 6 5 d 'TILED FOR RECORD Crecy of Cupertino 12883172 AT REOUCST OF WHEN RECORDED MAIL TO ON OF CUPHTIN® CITY OF CUPERTINO y BAY 9 g 18 ®95 10300 TORRE AVENUE CUPERTINO, CA 95t?14 OFFICIAL RECORpS SANT�A CLARA COUWTV BRENDA DAVIS RECORDER I ( SPACE ABOVE THIS LINE FOP RECORDER'S USE ) `N ACG���1310 3 �w TN 60V GO CERTIFICATE OF COMPLETION :, NOTICE OF ACCEPTANCE OF COMPLETION, TRACT NO. 8529, DOCUMENT TITLE GARDEN TERRACE. PHASE II SEPARATE PAGE. PURSUANT TO GOVT.CODE 27361.6 7+a° � $ 45Pac-E065 i VC10300 Torre Avenue• Cupertino,CA 95014-3202 `� (408)777-3354 )-t-tp C It i1-1(� __. FAX(408)777-3333 Public Works Department CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT 1, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, do hereby certify that the municipal improvements in conjunction with TRACT NO. 8529 GARDEN TERRACE PHASE 1I GARDENSIDE/RAINBOW have been completed in accordance with the approved improvement plans, and acceptance of completion was ordered by the City Council on April 17, 1995. Woublic ks and , Cupertino Date: April 19, 1995 01 f' N8 4 5 PAGE0652 VERIFICATION I have reviewed. this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is t-'.,e and correct. Executers on the 40 h day of CC�� .<.(' 19 at Cupertino, California. Deputy City Clerk City of Cupe;tiro CITY OF CUPERTINO INTERDEPARTMENTAL Date April 1.9, 1995 To CITY CLERK From_ PUBLIC WORKS--SUMI ❑ Information MESSAGE: TRACT NO. 8723, LANDMARK PROPERTY (CC_ALjV95) _ ❑ Implement RAINBO14 DRIVE ❑ Investigate -~ D Discuss _TRA1dSMITTED- ❑ See me 1. THREE SETS OF AGREEMENT FOR PROCESSING. _ ❑ Reply 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIAL BOND FOR YOUR FILES. Reply:--- DEVELOPER: LANDMARK PROPERTY 21060 HOMESTEAD ROAD, SUITE 209 SIGNED: DATE Forward part 1 Retain part 2 City Hall 10300 Torre Avenue Cupertino,CA 95014-3202 Telephone: (408) 777-3223 (AII)C I-4 i n o FAX: (408)777-3366 e^ OFFICE OF 111E CCi Y CLERK May 1, 1995 Landmark Property 21060 Homestead I`)ad, Suite 209 Cupertino, California 95014 TRACT AGREEMENT -TRACT NO. 8723,APN 362-3.1-010, RAINBOW DRIVE Enclosed for your files is one copy of the Tract Agreement between the City of Cupertino and Landmark Property that has been fully executed by City of Cupertino officials. If you have any questions or need any information, please contact the Department of Public Works. Sincerely, KIMBERLY SMITH, CMC CITY CLERK KS/cs cc: Department of Public Works TRACT AGREEMENT TCl' XM APH #362--31-010 RAINBOW DPZM This AGREENEW, made and entered into this istday of _ May 199 5 , by and between the CIW OF C;gJPE�i'. W, a municipal corporation of the State of California, hereinafter designated as CITY, and LANERM PFOPEFaY hereinafter designated as DEVEWPE�. WITNESSETH WHZU AS, said DEVEIAPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as TiRXV 08723 Cupertino, California, hereinafter designated as the "Tract"; and 6HERE&S, said map shows certain courts, drives and roams which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by C.L M iG ASSOCUffES, a true copy of said inprovewnt 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, THEREFFICRE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work 'to be done under the Plans gall be called the "Work." File: 52,010 WHMM, pwrsuant to the provisions of this DTP, the CITY hereby established the amounts of BmJs, Fees, and Deposits as set forth in the following schedule: SCIULE OF BCNDS, FEES AND DEPOSITS SIIREEr IM ROVEMF2TI` CATEGORY. PART A. Faithful Performance Bond: $69,247.00 PART B. Labor and maaterial Barr_-.. $69,247.00 PART C. Checking "ad Inspection Fee: $ 3,462.35 PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: $ 3,000.00 PART F. Storm Drainage Fee: $ 438.00 1 PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer: PAYC I. Map Checking Fee: $ 389.00 PART J. Park Fee: Zone III $45,000.00 Aect#480-416-022 PART K. Water Main Reimbursement: N/A PART L. Maps and/or Inprmvment Plans: AS SPECIFIED IN ITEM #23 Reimiaarseiment to C,,sty of Cupertino 5,255 S.F. 210 A.C. Overlay 0.75 $ 3,941.25 on Rainbow Dative (include Grinding) Page 2 52,010 NOW, ZHEREFgRE, IT IS HEREBY MCM AILLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and oarplete the Work within one (1) year from the date of execution of this AGRE3M21T, or such longer period as may be specifically authorized in writing by the City. Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY' At its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY conpletes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance :with the Plans as approved by the City Engineer of Cupertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, 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 thereto. The decision of the City Engineer shah be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. It is further agreed that the Work shall be done in accordanoe 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 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. 2. EXCAV=ON PERMIT It is further agreed that the UNELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the comercemient of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. Page 3 3. QUMMAIM DEED It is further agreed that the DEVELOPER, when requested by the MY, shall quitclaim all his rights and interests in, and shall cunt 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. 4. BONDS AND OTHER SWE RITY A. Upon the execution of the Audi', the DEVELOPER shall file with the CITY a faithful perfarimwxe bond to assure his full and faithful performance of this Ate. The penal sun of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT,NT, the value of any land agreed to be dedicated, and any imps to be made under this A[REENTP. In the event that improvements are to be made under this AGREUMM, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The aunt 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 form and by the City Engineex as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AST, or to make any payment, or any dedicaticn of land, or any improvements herein wired, the CITY shall call on the surety to perform this AGUMO .' or otherwise i.ndeamify the Cx'I'>t for the DEVELAPER I S failure to so do. B. In lieu of a surety band, the DEVELOPER nay elect to secure this AMEFMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall bp 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 A PJMWU, or to make any Payment, or any dedication of land, or any imps 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 upor approval of the City Council. E. No interest shall be Paid on any security deposited with the CITY. Page 4 5. Cd IEXIUNG AND INSP 1MON FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expetises for inspection, wing, etc. , incurred 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) . Should constriction 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. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 7. MAP CHE(JUJG FEE It is further agreed that the DEVELOPER shall deposit with City, prior to execution of this AGRM04i', for office checking of final map and field checking of street mommoents, in copliat.°-,e 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) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGRM4ERr, 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 maintenancNe 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 improvement bonds by the CITY. Should the DEVELOPER complete tt-e required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. STORM DRA124AGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the AGREED Rr, a storm drainage charge in connection with 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) . 10. ONE YEAR POWER OD.ST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part G) , which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF SSIRREET TREES It is further agreed that the DEVELOPER shall, at such tires as deemed appropriate by the City Engineer, plant strut trees in confo.citanoe with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 5 12. PARIG 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 "Park Dedication ordinance01 Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on Mare 19, 1991, and Section 18-1.602 of the cupertino Mlunicipal Code. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the. CITY standard,-, and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon written notice thereof, immediately reptir or replace, without cost or obligation to the City of Cupertino, and o the entire satisfaction of said CITY, all defects and imperfections ar sing out of or due to faulty workmanship and/or materials appearing in -aid Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate ACPLTTMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bored to insure full and faithful performance of the construction of the said sanitan, sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. BUSINESS AND PROFESSIONS OODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been c:cmplied with. 16. CMIRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of the ACT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER tas entered into an AGREEMENT with said District to install fire hydrants to ser%-�-- said Project and stating that all necessary fees have been depcsiter' with said District to insure installation and five (5) year rental fee .-if said hydrants. 17. STREET IZGHIr1NG - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 6 0 0 18. PACIFIC GAS AND EI..BMIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL, 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 un dergroxxting as provided in Ordinance No. 331 of CM when DEVELOPER is notified by either the City Engineer or the Pacific Gas and Electric Ccupany and/or PACIFIC BELL that said fens are due and payable. 19. EASRUMS AND RIGHT RIGEir-OF-VAY It is further agreed that any easement and right-of-way neoesssary 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 by 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 mark-t value of the land proposed to be taken and to be included in said stn« shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such stimLs 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. 20. HOLD HARMLjESS It is further agreed that, cxmmencirq with the perfonTanoe of the Work by the DEVELOPER or his contractor and oontinuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the City from and against any or all lo:a>, cost, expense, damage or liability, or claim thereof, occasioned by or ?n any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenarti:e of the Work called for or required to be done hereunder, a policy of i.i prance 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 coveruig all the Work performed by, for, or on behalf of said DEVELOPER. Bath bodily injury and Property doge 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 no`l be called upon to cover a loss under said additional policy. . Page 7 A. Each of said policies of insurance shall provide coverage in the following minimum amounts: F w bodily injury, $100,000 each person; $300,000 each ate, pr Perty damage, $50,000 on acoount of any one occurrence with an ate 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 AGREEMERr by the DEVEDOPE 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 precl.xiing the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to eamply with BOPolicy on Water Main Extensions Work and Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or inproveraents outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 2 shall be the full amount due. 23. MAP AND/OR IM[WVH4EH' PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map- B. A mylar sepia and tech (10) prints of fully executed in rrovement plans. C. A direct duplicating silver, negative microfilm aperature card of all executed iovernerht plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. TEFM AND OONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMERr shall not be made without approval by the City mil of said CITY. Page 8 IN WITTNESS WHEREOF, MY has caused its name to be hereunto affixed bV its AAyor and City Clerk, thereunto duly authwized by kesolutim of the City Ommncil and said DEVEXCM has hereunto caused his r me to be affixed the clay and year first abom written. CTTY OF : Approved as to form: Oda e� mayor City Attomey City Clerk Dom: LANDMAM PROPEMY, a Califo 'a corporation Jason Chartier, President Notary Acknowledpgot Required. page 9 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )ss. On April 12, 1995 before me, Stanley L. Howard, a Notary Public, personally appeared Jason Chartier, 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 that he/she/they executed the same to his/herttheir 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. STANLEY L.HOWARD Signature NciftY rye—Casta rda SANTA CLARA COUNTY ts/ty team.EXOM Nov IL 1996 THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. Capacity claimed by signer(s):Corporate President Signer(s)is(are)representing: Landmark Property Title of Document: Tract Agreement Signer(s)other than named above: City of Cupertino Number of Pages:9 BOND NO. P24571O7 Executed in Duoli.cate Premium: $1,385.00 r,AITHF'UL PERFORMANCE AND IMPROVEMENT COMPLE- TION BOND FOR SUBDIVISION IMPROVEMENTS RECITALS 1 . The City Council of the City of Cupertino, California, and LANDMARK PROPERTY (hereinafter referred to as "Principal" ) have entered into an agreement where- by Principal agrees to install and complete certain designated public improvements, which agreement, dated 7101 19 , and identified as TRACT #8723, APN#362-31-010 RAINBOW DRIVD is incorporated by this reference as if set forth in full; and, 2. Principal is required under the terms of the agreement to furnish a bond for the faithful performance of the agreement. NOW, THEREFORE, Principal and RELIANCE NATIONAL INDEMNITY COMPANY (hereinafter "Surety" ) as Surety, are held and firmly bound unto the City of Cupertino in the penal sum of * dollars ($ 69,247.00 ) law- ful money of the United States, for the payment of which sum we jointly and severally bind ourselves, our heirs, successors , assigns , executors and administrators. * SIXTY-NINE THOUSAND TWO HUNDRED FORTY-SEVEN AND NO/100 The condition of this obligation is such that if the Principal, his or its heirs , executors, admini- strators , successors or assigns , shall abide by, keep and perform the covenants, conditions and provisions in the agreement and any alteration thereof made as therein provided , on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City of Cupertino, its officers, agents and employees, as therein stipu- lated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. This bond shall remain in full force and effect throughout the period that: Principal maintains the work after acceptance thereof by City of Cupertino, as re- quired by the agreement. Principal and Surety shall be responsible for any and all damages arising under the agreement. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there (CC.DEF.FPI 1 S'd-, yip shall be included costs and reasonable expenses and fees, including reasonable attorney's fees# incurred by City of Cupertino in successfully enforcing such obli- gation, a►ll to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, ex- tension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Appropriate modifications shall be made if the bond is being furnished to secure the performance of an act not provided for in the agreement. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and the Surety on llth April , 19 95 . LANDMARK PROPERTY Principal Sy ason Chartier, President STATE OF CALIFORNIA, ) ss. COUNTY OF ) On , , before me, the under- signed, a Notary Public in and for said State, personal- ly appeared personally known to me nor proved to me on EKe Sasis Of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that he executed the same. WITNESS my hand and official seal. (CC.DEF.FPJ 2 G Notary Public in and for said State. RELIANCE NATIONAL INDEMNITY COMPANY Surety - ®y y a Anthony F. Angelicol.a. Atty-in--fact STATE OF CALIFORNIA, ) Address: 5 Third Street, #825 ss. San Francisco, CA 94103 COUNTY OF ) (415) 543-0111 On , before me, the under- signed, a Notary Public in and for said State, personal- ly appeared personally Renown to me or prove to me an t e actsts of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that he—executed the same. WITNESS my hand and official seal. Notary Public in and for said State. APPROVED AS TO FORM: CHARLES T. KILIAN City Attorney The above bond is hereby accepted and approved on 19�. CITY OF CUPERTINO ®y (CC.DEF.FPI 3 STATE OF CALIFORNIA ) COUNTY OF SANTA CL ARA )ss. On April 11, 1995 before me, Stanley L. Howard, a Notary Public, personally appeared Jason Chartier, personally known to me(or proved t,)me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to Pie within instrument and acknowledged to me 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. STAN11V L HOWARD COMM.#9"668 Signature ire—Cdt� MWA CLARA C 1I mV Cor".Eq*es NOV 0.1996 THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. Capacity claimed by signer(s):Corporate President Signer(s)is(are)representing: Landmark Property Title of Document:Faithful Performance and Improvement Completion Bond Signer(s)other than named above: Reliance National Indemnity Company Number of Pages: 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State Of California County of San Francisco Ong ' I 1 1.995 before me, " Sumalaya B. Lias, Notary Public , DATE NAME.TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC- personally appeared Anthony F. Angelicola , NAMEIS)OF SIGNER(S) 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 ac- knowledged tc me 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. Sumalaya B. Lias WITNESS my hand and official seal. V Comm.#1038878 a TARP PUBLIC-CALIFORNIA� / City a County of Ben Frandsco (r9ntn1.E*M SWL 25.1— 'A AIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SiGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) Q GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -- — SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 BOND NO. P2457107 Executed in Duplicate Premium: Included LABOR AND (MATERIAL BOND FOR SUBDIVISION IIMPROVETMENTS Recitals 1 . The City Council of the City of Cupertino, California, and LANDMARK PROPERTY (hereinafter referred to as "Principal" ) have entered into an agree- ment whereby Principal agrees to install and complete certain designated public improvements, dated 19 , and identified as TRACT #8723, APN#362-31-010 * is in- corporated by this reference as if set forth in full; *and, RAINBOW DRIVE, 2. Pursuant to the agreement, Principal is requir- ed, before commencing performance of the work, to file a good and sufficient payment bond with the City of Cupertino to secure any claims brought under Title 15, Division 3, Part 4 of the Civil Code (commencing with Section 3062) . NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter referred to as "Surety" ) their heirs , successors, assigns, executors and administrators, jointly and severally are held bound unto the City of Cupertino and all contractors, sub- contractors, laborers, materialmen and other persons employed in the performance of the agreement and refer- (CC.DEF.FP. 1 , 1 red in the aforementioned Civil Code in the sum of * dollars ( $ 69,247.00-----) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Cupertino in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment there.`.n rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all per- sons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully per- formed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the [CC.DEF.FP. 1j 2 * SIXTY-NINE THOUSAND TWO HUNDRED FORTY-SEVEN AND NO/100 • (77. terms of said agreement or the specifications accompany- ing the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on llth April s 1995 LANDMARK PROPERTY Principal By: ason Chartier , president. STATE OF CALIFORNIA, ) ss. COUNTY OF ) On , before me, the under- signed, a Notary Public in and for said State, personal- ly appeared s 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 acknowl- edged to me that —he—executed the same. WITNESS my hand and official seal. Notary Public in and for said State. RELIANCE NATIONAL INDEMNITY COMi'AIvY Surety _M H _ y r y: Anthony F. Angelicola, Atty-in-fact STATE OF CALIFORNIA, ) Address: 5 Third St. , #825, S.F. , CA94103 ss. COUNTY OF ) On , before me, the under- signed, a Notary Public in and for said State, personal- (CC.DEF.FP. 11 3 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )ss. On April 11, 1995 before me, Stanley L. Howard, a Notary Public, personally appeared Jason Chartier, 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 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. SYANLEV L HOWARD P COMM#977668 Signature 1 NMany PWAC—CaEtarrim SAWA C UUTA COUNN My Conran.Expku NOV&1996 THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. Capacity claimed by signer(s):Corporate President Signer(s)is(are)representing: Landmark Property Title of Document: Labor and Material Bond for Subdivision Improvements Signer(s)other than named above: Reliance National Indemnity Company Number of Pages: 3 CAI-iPORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Cali or-nia County of San Francisco S-,. On before me, _ Sumalaya B. Gias, Notary Public DATE NAME,TITLE OF OFFICER•E.G•-JANE DOE•NOTARY PUBLIC' personally appeared Anthony F. Angelicola NAME(S)OF SIGNER(S) ® 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 ac- knowledged to me 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. '' -« Sumalaya B. Lias WITNESS my hand and official seal. 0 Comm. #1038878 TARY PUBLIC-CALIFORNIAQ )/ o Cdly a county OI t8ttnn Frendaoo 0 C�tIMI. �L 25.19N J SIGNATURE OF NOTARY `n OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) — - SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave..P.O Box 7184-Canoga Park,CA 91309-7184 AMA ly appeared , personally known to me or prov93 to me on EEe asls of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and for said State. APPROVED AS TO FORK: City Attorney The above bond is hereby accepted and approved on 19�. CITY OF CUPERTINO By: [CC.DEF.FP. 11 4 RELIANCE NATIONAL INDEMNITY COMPANY POWER OF ATTORNEY •If.N BY 'HI-SE -RESENTS �',FL A' •-L INDEMNITY COMPANY, a corporation duly organized under the laws of the State of Wiscens,n. ,toes 'rrehv 'naxe. canST.Tule and a000int Anthony F. Angelieola, of San Francisco. California, its true and 13wtu, .torneyisi ,n Fact. to make. •;xerute :ea, ind delver tot and on �,s behalf, and as its act and deed any and all bonds and undertakings of suretyship Inc;. bind the REL'A^ICE C%4, 'JDEMNI T', CCIMPANY thereby as fully and to the same extent as if such bonds and undertakings aria :nor .:ritings obligatory _ . "eof .-were Signed by an Executive Officer of the RELIANCE NATIONAL INDEMNITY COMPANY and sea,e;i Ina .i:teste.d by one other ^f s _ �.e(s, and herf,bv ratites and confirms all that its said Attorneyisi•in-Fact may do in pursuance hereof This ^. :;er .)f Attornev is c:rarited unoe• _ : s.rt^ r ;•: of Article Vh of the By-Laws of the RELIANCE NATIONAL INDEMNITY COMPANY which became effective March 11, 1994, .vh,cc e+ s,crs are r'^,w u, full force and effect, reading as follows: ARTICLE EXEC'_TiON OF BONDS AND UNDERTAKINGS 1. 'he Board of Directors. :he President. the -Chaumar of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shag; have power and authority to (a) appoint Attorneyls)-in-Fact and to authorize thrn: :o v*ecute on behalf of the Comoany, bonds and under:3K:nQS, recognizances, contracts of indemnity and other writings obligatory in the «azure thereof, and (b) to remove anv such Atiornevisi-al Fact at any :me and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shail have ;tower and authority. subject to the terms and limitations of the Power of Attorney issued to them, :o ere^ute ano deliver on behalf of the Ccmpany. bonds and undeflakir'gs, recognizances, contracts of indemnity and other writings obligatory in the ^a::,re :�)ereof. The :orporate seal is rot necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity ano other .vrr+rgs obligatory in the nature therett. 3. Attoinev(s) in-Fact snail have cover and authority to execute affidavits required to be attached to bonds, recognizances, contracts of �naerrnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Ccmoanv and to copies of the By Laws of the Company or any article or section thereof. ;f Attornev is sigred and sealed by L)Cs,miie under -in, tv authority of the following Resolution adopted by the Executive and Finance ^u•,:•fee -,f the Hoard cf Directors cf FELiANCE NATIONAL ;NDEMNITY COMPANY by Unanimous Consent as of February 28, 1994. and said =esc i,t on nas not been amended or resealed. `Resorved that the signatures cr sucn directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any cer0icate relatrnq thereto cv facsimile, and anv such, Pov:er of Attorney or certificate bearing such facsimile signatures or facsimile seai shall to :and and b:ndinq .,ion the Cornoan,, n the future with respect to any bond undertaking to which it is attached." iN .`:I".ESS `:`.'HEREuF. ;he RELIANCE NiATION.AL :NDC1.1Ni11/ CC%IpANY has caused these presents to be signed by its Vice President and r-,s corporate seal to be Hereto affixed, April 1 1994 ® RELIANCE NATIONAL INDEMNITY COMPANY RI Vice President S T A TE OF lVas ingron ? OUNT` OF �!Iuvatlus On c-o 99•. re,s: n.iI aci;,eaipo Mark W. Alsup t: me •nnwj President of the RELIANCE NATIONAL INDEMNITY COMPANY sr a nn ., aged ur rd ;-J J 1:00 d the seal of said corporation thereto, and that Article VII and _ or _ -s :.a,vs f >a;i mpariv ,Ind the r ` 1 C of sti full force. P `JBL(C Notary ublic in and for the State of Washingto ?_29_97 Z Residin in Puyallup !, •,0�1 o I Robyn Layng Assistant Secretary rr ^`i^ nr_'.:`:uE ':A TICF:AL ANY, do hereby certify that the above and foregoing is a true and r JrrPCt ;-oop, of a =^v.er of Attornev , xv, ,,ted `v said RELIANCE NA L INDEMNITY COMPANY, w,hic�h is still in full force and effect. rt, .. <j ' '. qr,4 F q,. reretC ,: : rl: .i •f .a:f >..1 :>>e seal of said Company this ,day�of�-- -`-1=-- 19 0 E�1 yS 4 �/ Q6 'f ICES®LU'I'I®N NO. 9326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 8723 LOCATED ON RAINBOW DRIVE; DEVELOPER LANDMARK DEVELOPMENT; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 8723 located on Rainbow Drive showing certain avenues,drives,places,and roads by Landmark Development; 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, 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 final map and improvement plans of Tract 8723, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. 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 17th day of April , 1995,by the following vote: �71 Resolution No. 9326 Page 3 EXHIBIT"A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Tract No. 8723 Landmark Development LOCATION: Rainbow Drive A. Faithful Performance Bond: $69,247.00 SIXTY-NINE "THOUSAND TWO HUNDRED FORTY SEVEN& 00/100 DOLLARS B. Labor and Material Bond: $69,247.00 SIXTY-NINE THOUSAND TWO HUNDRED FORTY SEVEN & 00/100 DOLLARS C. Checking and Inspection Fee: $ 3,462.35 THREE THOUSAND FOUR HUNDRED SIXTY-TWO& 35/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 3,000.00 THREE THOUSAND& 00/100 DOLLARS F. Storm Drainage Fee: $ 438.00 FOUR HUNDRED THIRTY-EIGHT& 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: $ 389.00 THREE HUNDRED EIGHTY-NINE & 00/100 DOLLARS J. Park Fee: Zone III - Account#480-416-022 $45,000.00 FORTY-FIVE THOUSAND&00/100 DOLLARS K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item No. 23 of agreement Reimbursement to City of Cupertino 5,255 S.F. 2"A. C. Overlay 0.75 $3,941.25 on Rainbow Drive(include grinding) CITY OF CUPERI'INO IN''ERDEPARTMENTAL Date OCT. 5, 1993 TO. CITY CLERK _ From _.PUBLIC WORKS--SUMI x ❑ Information MESSAGE: TRACT NO. 8529, GARDENSIDE (CC 10/4/93) ❑ Implement TRANSMITTED: _ ❑ Investigate ❑ Discuss THREE SETS OF AGREEMENT FOR PROCESSING. ❑ See me _ ONE COPY EACH FAITHFUL PERFORMANCE AND LABOR AND MATERIAL BONDS. ❑ Reply DEVELOPER: PLANET INSURANCE CO. , NO. P2407086 LANDMARK PROPERTY _ — 12 060 HOMESTEAD ROAD — CUPERTINO, CA 95014 Reply: _—_— sm attach. IGNED: DATE orward part l Retain part 2 AdIUML 1W City of Cupertino 10100 ;off.-Avvom C up-,tino,CA 45014-Q55 1f-h=phnno' (406) 51-4505 FAX 1408)252-0751 D PARIiv1F.NT OF 1H[C11Y CLERK. October 19, 1993 Landmark Property 21060 Homestead Road Cupertino, California 95014 TRACT AGREEMENT-TRACT#0529,GARDENS]DE; APN 362-32-037 Enclosed for your .files is one (1) copy of the agreement by and between the City of Cupertino and Landmark Property, which has been fully executed by City officials. If you have any questions, please contact the Department of Public Works. Sincerely, KIM MARIE SMITI-I CITY CLERK KS/cs Encl. I"RESOLUTION NO. 8966 A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 9529, LOCATED AT GARDENSIDE LANE, DEVELOPER, LANDMARK. PROPERTY; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHORIZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 8529 located at Gardenside Lane showing certain avenues,drives, places,and roads by Landmark Property; 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, 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 final map and improvement plans of Tract No. 8529,be and the same are hereby approved- b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. 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 4th day of October , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None °- APPROVED: —[sLNick Szabo Mayor,City of Cupertino ATTEST: Is/ Kim Marie Smith City Clerk t TRACT AGREEMENT 08529, GUMERBIDE AFM 0362-32-037 This AGREEMEVT, made and entered into this '- �, day Of ^`�����,c.<��,: �� , 19 c;\ by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as PROPERTY CITY, and IANEPMW 11 MMM hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desires to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as GMMMUME IANE, Cupertino, California, hereinafter designated as the "Tract"; and WIMEAS, said map shags certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications Prepared for the Tract by AM UCAN DESIGN & ENiGIlJENUM SWICFS, a true copy of said 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, THEREFORE, 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." Page I File: 51,863.01 WHBWkS, meant to the provisions of this AG2EEME U, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: Scorn F OF BMW, FEES AND DEPOSITS PART A. Faithful Performance Bond: $66,184.00 PART B. Labor and Material Bond: $66,184.00 PART C. Checking and Inspection Fee: $ 3,309.00 PART D. Indirect City DWxmes: N/A PART E. Map Checking Fee: $ 212.00 PART F. Development Maintenance Deposit: $ 3,000.00 PART G. Storm Drainage Fee: 764.00 PART H. One Year Power Cost: N/A PART I. Street Trees BY DEVEIDPER PART J. Park Fee: Zone II $72,000.00 Acct #480-416-022 PART K. Water Main Reimbursement: PART L. Maps and/or Improvement Plans: .`S SPECIF.T.ED IN ITEM #23 File No: 51,863.01 Page 2 NOW, Z4MUYURE, IT IS HEREBY MU`I[,AMY OGRE M by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORM It is further agreed that: A. lbe DEVELOPER shall install and Mete the Work within one (1) year from the date of execution of this AGREEMERr, or such logger period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the Plans as approved by the City Engineer of Cupertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, 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 thereto. 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. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Depar::ment of Public Works, California Department of Transportation, State of Calif(:-nia, and 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. 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the coumexxxmnt of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. . Page 3 3. QUITC A M 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. 4. BONDS AND OTC SECURITY A. Upon the execution of the AGREkMER!', the DEVELOPER shall file with the CITY a faithful performance bowl to assure his full and faithful performance of this Air. The penal sum of said faithful performance bond shall be the full oast of any payment to be made under this AGREEMERr, the value of any land agreed to be dedicated, and aril, improvements to be made under this AGREEMr. In the event that improvements are to be made under this AGREEMER ', the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said imps. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and mist be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREMIT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AG EQ49U by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of lard, 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. E. No interest shall be paid on any security deposited with the CITY. Page 4 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., inaaaed by CITY in 00nnection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this ACRE MU, 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 Engineex shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT WENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this Aauzw T, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D) . 7. MAP CHECKING FEE It is further agreed, that the DEVELOPER shall deposit with City, prior to execution of this AGREEKENT, for office checking of final map and field checking of street rcnuments, in cmpliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part E) . 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEmn, the amount set forth herein at Page 2 (Part F) 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 improvement bonds 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 improvemQnt bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the Crri, prior to execution of the Rom, a storm drainage charge in connection with 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 G) . 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGRMMgT, the amount as set forth herein at Page 2 (Part H) , which amount represents the Power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES 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. Page 5 12. 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 "Park Dedication Ordi.nan e1° Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Coil on March 19, 1991, and Section 18-1.602 of the Cupertino Municipal Code. 13. MAINTENANCE OF WLW It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The PWELOPER shall, upon written notice thereof, immediately repair or aplace, 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. 14. SANITARY DIS=CT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT 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 conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER has entered into an AGREEMENT 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. 17. STREET LIGHTIM - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric pager for street lighting at the earliest date possible. Page 6 18. PACIFIC GAS AND EL,ECI'RIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BE.,L 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 unrlergr ending as provided in Ordinance No. 331 of CITY when DEVELOPER is notified by either the City Engineer or the Pacif is Gas and Electric Company and/or PACIFIC BELL that said fees are due and payable. 19. FASEKENTS AND RIGHT' RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by 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 may be required for legal fees and costs, engineering, and other .incidental costs in such reasonable amounts as the CrrY may require shall be deposited with the City of Cupertino. 20. HOLD HARq+UM.S 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 as provided in Paragraph 3.3 above, 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 independent contractors. 21. .INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY 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. Bot}, 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 thsa loss covered by said policy or policies, that other insurance shall noc be called upon to ever a loss under said additional policy. . Page 7 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 DEVELDPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement preclua_'ng the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set equally apply to municipality and political subdivision. 22. 4+1= MAIN EXTENSION DEPOSIT The DE'VE MPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 2 shall be the full amount due. 23. MAP AND/OR IMPRCVEMERr PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVEIDPE RI S expense: A. A mylar sepia and thirteen (13) prints of fully executed tract map- B. A mylar sepia and ten (10) prints of fully executed improvement plans. C. A direct duplicating silver negative microfilm aperature card of all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. TEALS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, a-looessors, administrators or assigns of the DE'VEEDPEt. The assignment of this AC PP shall not be made without approval by the City Coil of said CITY. Page 8 IN WTT4fSS MHERBOF, C "i has caused its name to be hereunto affixed by its Mayor and City Clerk, therewa duly auYtrized by resolution of the City Council and said DEVELCM has hereunto caused his nacre to be affixed the day and year first above written. CM OF CUPERrM: Approved as to form: LAV - r _ Mayor City Attorney NL ' City Clerk I DEVELOPER: Landmark Property Title: Vice P esident JOY Notary Aalatmled Page 9 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )ss. On September 27, 1993 before me, Stanley L. Howard, a Notary Public, personally appeared Keith Kolker,personally known to me(or proved to me on the basis of satisfactory evidence)to be the perwn(s) whose names) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his✓her/their authorized capacity(ies), and that by his/her/thcir 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. ttttl� STANLEY L.HOWARD a COMM.s 97708 Signature---� r61MV Notary Public— Coldomto X -�� SANTA CLARA COUNTY COMM.Expires NOV 8,1996 THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required by law.it could prevent fraudulent reattachment of this form. Capacity claimed by signer(s): Corporate Vice-President Signer(s)is(are)representing: Landmark Property Title of Document:Tract Agreement Date of Document: None Signer(s)other than named above: City of Cupertino Number of Pages: 9 x BOND NO. P2407086 Premium: $1,324.00 Executed induplicate FAITHFUL PERFORMANCE AND IMPROVEMENT COMPLE- TION BOND FOR SUBDIVISION IMPROVEMENTS RECITALS 1 . The City Council of the City of Cupertino, California, and A&MARK 12riPERTY (hereinafter referred to as "Principal" ) have er.ter�ed into an agreement where- by Principal agrees to install and complete certain designated public improvements, which agreement, dated �cr= bar fir' , 19g3, and identified as Project/Tract No. 8529 * , is incorporated by this reference as if set forth in full; and, * GARDENSIDE LANE, APN #362-32-037 2. Principal is required under the terms of the agreement to furnish a bond for the faithful performance of the agreement. NOW, THEREFORE, Principal and PLANET INSURANCE CO., thereinafter "Surety" ) as Surety, are held and firmly bound unto the City of Cupertino in the penal sum of ** dollars ($ 66,184.00------ ) law— ful money of the United States, for the payment of which sum we jointly and severally bind ourselves, our heirs, successors, assigns, executors and administrators. ** SIXTYSIX THOUSAND ONE HUNDRED EIGHTY-FOUR AND NO/100 The condition of this obligation is such that if the Principal, his or its heirs, executors, admini- strators, successors or assigns, shall abide by, keep and perform the covenants, conditions and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City of Cupertino, its officers, agents and employees, as therein stipu- lated, then this obligation shall become null and void : otherwise it shall be and remain in full force and effect. This bond shall remain in full force and effect throughout the period that Principal maintains the work after acceptance thereof by City of Cupertino, as re- quired by the agreement. Principal and Surety shall be responsible for any and all damages arising under the agreement. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there [CC.DEF.FP] 1 shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City of Cupertino in successfully enforcing such obli- gation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, ex- tension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Appropriate modifications shall be made if the bond is being furnished to secure the performance of an act not provided for in the agreement. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and the Surety on 24th, Sept , 19 93 . LANDMARK PROPERTY Principal =- By _- Ja-s'on Chartier, President STATE OF CALIFORNIA, ) ss. COUNTY OF ) On , 1990, before me, the under- signed, a Notary Public in and for said State, personal- ly appeared o 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 acknowl- edged to me that -he-executed the same. WITNESS my hand and official seal . [CC.DEF.FP] 2 STATE Or CALIFORNIA ) COUNTY OF SANTA CLARA )ss. On September 27, 1993 before me, Stanley L. Howard, a Notary Public, personally appeared Jason Chartier, 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 that he/she/they executed the same in his/her/their authorized eapacity(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. STANLEY L.HOWAPD COMM.#977668 z / f % Noiory Public--Colifofnio D Signature �/!4 SANTA CLAPA COUNTY _ tVly Comm.Expires NOV 8. 1996 , THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. Capacity claimed by signer(s): Corporate President Signer(s)is(are)representing:Landmark Property Title of Document:Bond Date of Document.: September 24, 1993 Signer(s)other than named above: Planet Insurance Company Number of Pages: 3 a CALIFORNIA ALL-lPURFIOSE ACKNOWLEDGWAT No.5193 • State of CALIFORNIA OPTIONAL SECTION SAN FRANCISCG CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to fill in the data below.. doing so may prove invaluable to persons retying on the document. Or.� ,_ 4_a9S43— before me, SONJA I�ARTIIW. NOTARY P=.1C- — ❑INDIVIDUAL DATE NAME,TITLE OF OFFICER.-E.G„'JANE DOE,NOTARY PUBLIC" Ambom? r. elia,,i; 0 CORPORATE OFFICER(S) personally appeared NAMES)OF SIGNER(S) TIiLE(S) personally known to me-OR-® proved to me on the basis of satisfactory evidence ❑PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ®ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ❑OTHER: or the entity upon behalf of which the SONJA MARTINEZ t person(s) acted, executed the instrument. — COMM.*979964 Z ® NotM Public_Cciftmia SIGNER IS REPRESENTING: SAN FRANCISCO COUNRY WITNESS my hand and official seal. NAME of PERSON(S)OR ENTITV(IES) My CorTun.Expires DEC 6.199A f SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT _ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave_P.O.Box 7184-Canoga Park,CA 91309-7184 Notary Public in and for said State. PLANET INSURANCE COMPANY Sur ty _ -- B _. Anthony F. Angelicola, Atty-in-fact STATE OF CALIFORNIA, ) Address: 5 Third Street, #825 s s. San Francisco, CA 94103 COUNTY OF ) (415) 543-0111 On , 1990, before me, the under- signed, a Notary Public in and for said State, personal- ly appeared personally kiaown 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 acknowl- edged to me that _he executed the same. WITNESS my hand and official seal. Notary Public in and for said State. APPROVED AS TO FOAM: Z ARLES T. RILIAN City Attorney The above bond is hereby accepted and approved on 19 • CITY OF CUPERTINO By (� r Mayor, City of Cupertino [CC.DEF.FP1 3 BOND NO. P2407086 Premium: Included Executed in duplicate LABOR ARID MATERIAL BOND FOR SUBDIVISION IMPROVEMENTS Recitals 1 . The City Council of the City of Cupertino, California, and LANDMARK PROPERTY (hereinafter referred to as "Principal" ) have entered into an agree- ment whereby Principal agrees to install and complete certain designated public improvements, dated 19 `I , and identified as project/tract no. 8529* is in- corporated by this rdference as if set forth in full; and, * GARDENSIDE LANE, APN #362-32-037 2. Pursuant to the agreement, Principal is requir- ed, before commencing performance of the work, to file a good and sufficient payment bond with the City of Cupertino to secure any claims brought under Title 15, Division 3, Part 4 of the Civil Code (commencing with Section 3082) . NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter referred to as "Surety") their heirs, successors, assigns, executors and administrators, jointly and severally are held bound unto the City of Cupertino and all contractors, sub- contractors, .aborers, materialmen and other persons employed in the performance of the agreement and refer- [CC.DEF.FP. 1 ] 1 red in the aforementioned Civil Code in the sum of * dollars ($ 66,184.00----) a for materials furnished o. labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the facie amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Cupertino in successfu`.ly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all per- sons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully per- formed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the [CC.DEF.FP. 11 2 * SIXTYSIX THOUSAND ONE HUNDRED EIGHTY—FOUR AND NO/100 terms of said agreement or the specifications accompany- ing the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on 24th Sept 199 LANDMARK PROPERTY Principal By: LJason Chartier , President STATE OF CALIFORNIA, ) ss. COUNTY OF ) On , 1990, before me, the under- signed, a Notary Public in and for said State, personal- ly appeared 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 acknowl- edged to me that —he—executed the same. WITNESS my hand and official seal. Notary Public in and for said State. PLANET INSURANCE COMPANY Surely By: Anthony F. Angelicola, Atty•-in-fact STATE OF CALIFORNIA, ) ss. COUNTY OF ) On , 1990, before me, the under- signed, a Notary Public in and for said State, personal- [CC.DEF.FP. 1 ] 3 STATE OF CALMORNIA ) COUNTY OF SANTA CLARA )ss. On September 27, 1993 before me, Stanley L. Howard, a Notary Public, personally appeared Jason Chartier, personally known to me (or proved to me on the basis of satisfactor; evidence) to be the persons) whose names) islare subscribed to the, within instrument and acknowledged to me 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. STANLEY L.HOWARC COMM.s*977668 2 NotcrY Public—Colifornio y Signature , SANTA CLARA COUNTY My Comm.Expires NOV 8. )996 s own, 0- THE WITHIN CERTIFICATE MUST BE A7"fACgED TO THE DOCUMENT DESCRIBED BELOW: Though the data requested here is not required'.y law,it could prevent fraudulent reattachment of this Corm. Capacity claimed by signer(s): Corporate President Signers)is(are)representing: Landmark P,aperty Title of Document:Bond Date of Document: September 24, 1993 Signer(s)other than named above: Planet Insurance Company Number of Pages: 4 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No 5193 State of CAI.IFORNIA ®®OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of SAN FRMCISCO Though statute does not require the Notary to till in the data below, doing so may prove ° � ^ u 1293 invaluable to persons relying on the document. On before me, SONJA MARTINEZ, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E G.."JANE DOE.NOTARY PUBLIC' ❑ INDIVIDUAL ❑CORPORATE OFFiCER(S) Anthony F. Angellcola personally appeared — NAME(S)OF SIGNER(S) TITLES) personally known to me-OR -❑ PARTNER(S) LIMITED proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), 61 or the entity upon behalf o` which the — SONJA MARnNEZ person(s) acted, executed the instrument. -- COMM.#979944 z Notory PubOc—CaOfotnfoRA SIGNER IS REPRESENTING: •"o Wq FNCLRCO COUNTY WITNE S my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) My Comm.FxpIres DEC 6.1996 IGNATURE OF NOTARY i1 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT__ THE DOCUMENT DESCRIBED A'r RIGHT: -- ---- NUN43ER OF PAGES _ DATE OF DOCUMENT Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE (01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ly appeared , personally known to me (or prove3 to me on the axis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowl- edged to me that —he—executed the same. WITNESS my hand and official seal. Notary Public in and for said State. APPROVED AS TO FO : ' s� f /* City Attorney The above bond is hereby accepted and approved on 19v. CITY OF CUPERTINO By: Mayor, City of Cupertino (CC.DEF.FP. 11 4 3 LAMME:03r INST TI-I,MNC : C® ]PAFLW"Y' MEAD OFFICE,SUN PRAIRIE.WISCONWN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.That the PLANET INSURANCE COMPANY, a corporshon duty OrW: ted under the laws of the State of Wisconsin. does hereby make.constitute and appoint ANTHONY F. ANGELICOLA of SAN FRANCISCO, CALIF'OIRNIA ------- its true and lawful Anorney-sn-Fact.to make,execute.sea!and deliver for and on its behalf,said as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----------- and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if Such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers.and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of Article V11 of the By-Laws of PLANET INSURANCE COMPANY which became effective September 21, 1981,which provisions are now in full force and effect.reading as follows ARTICLE Vlt—EXECUTION OF BONDS AND UNDERTAKINGS 1 The Board of Directors.the President,the Chairman of the Board,any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and ib)to remove any such Attorney-in-Fact at any time and:evoke the power and authority given to him, 2 Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company. bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances.contracts of indemnity and other writings obligatory in the nature thereof 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances,contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or s-,;tton thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982.at which a quorum was present.and said Resolution has not been amended or repealed. "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile.and any such power of attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or underf-!;ing to :t as attached." IN WITNESS WHEREOF. the PLANET INSURANCE COMPANY has cat,sed these presents to be signed by its Vice President, and its corporate seal to be hereto affixed.this 15 th day of March 19 91 PLANET INSURANCE COMPANY Vice President .TATEOF Washington COUNTY OF King On!?,is 1 5 t h day of March 19 9 1 .personally appeared Lae 1 s t r om to rnit known to be the Vice-Pressdent of the PLANET INSURANCE CO" nd acknowledged that he ex I% / ping instrument and affixed the seal of said corporation thereto.and that Articl@"VII,Section 1,2,and 3 of the By O pany,and tion, set fonh therein are still in full force ( ,� ` nOT ,fY My Commission Expires 2 May 15 ,9 94 Notary Public in and for the State of W �� t�9�40A*_'Residing at TacomaO � R W f K E 1 t h A. P O 1 i rig . Assistant Secretary of the PLANET INSURANCE COMPANY, Certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY, which is still in full force and effect W WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this y P `r7 ` 19 Assistant Secretary — Kei h A. Polin BDP 14,31 1,82