HomeMy WebLinkAbout91-028 Street & Bridge Improvement Agreement - Sobrato - 10700 N De Anza Blvd STREET & BRIDGE IMPROVEMENT
AGREEMENT
e
A G R E E M E N T
10700 N. DEANZA BLVD.
APN 316-2-101,316-2-97
This 'r:FMENT made and entered into this ,_ / day
of 1991, by and between the CITY OF
CUPERTINO, a .: anicipal corporation of the State of California, hereinafter
designated as CITY, and SOBRATO DEVELOPMENT COMPANY #910
A CALIFORNIA GENERAL PARTNERSHIP
hereinafter designated as DEVELOPER.
W I T N E S S E T H
WHEREAS, THE DEVELOPER has made application to the CITY for a
PARCEL MAP
to construct and maintain a COMMERCIAL DEVELOPMENT
hereinafter referred to as "Project".
a
WHEREAS, CITY hereby approves the off-site plan for the improvement of
North DeAnza & Mariani Ave. , Date April 1991 prepared for the Project by
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. ; a true copy of which
improvement pans and specifications are on file in the office of the City
Engineer of Cupertino; aad
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 Plane
shall be called the "Work".
I
Files 51,874
WHEREAS, pursuant to the provis,,ons of this AGREEMENT, the CITY hereby
established the amounts of Bands, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
FIFTY THREE THOUSAND NINE HUNDRED TEN DOLLARS AND NO/100 $53,910.00
PART B. Labor and Material Bond:
FIFTY THREE THOUSAND NINE HUNDRED TEN DOLLARS AND NO/3.00 $53,910.00
PART C. Checking and Inspection Fee:
THREE THOUSAND TWO HUNDRED THIRTY FIVE DOLLARS AND NO/100 $ 3,235.00
PART D. Indirect City Expenses:
FOUR HUNDRED EIGHTY FIVE DOLLARS AND N0/100 $ 485.00
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND N0/100 $ 1,000.00
PART F. Storm Drainage Fee:
N/A PAID IN 1977 N/A
PART G. One Year Power Cost:
N/A
PART H. Street Trees:
N/A
PART I. Map Checking Fee:
N/A
PART J. Park Fee:
N/A
PART R. Water Main Reimbursement Fee:
N/A
PART L. Maps and/or Improvement Plans
As Specified in Item 116
2
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate the real property shown on
Exhibit "A", which is attached hereto and made a part hereof by
reference. Said ded-Icated 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 keAp said offer open until the CITY accepts offer by
resolution.
B. Upon execution of this AGREEMENT 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 i',e DEVELOPER'S sole cost and expense, to
the City:
(1) A preliminary title report issued by a title insurance
company relating to the property offered for dedication.
(2 A standard policy of title insurance issued by a title
in,:'arance company and insuring the CITY in the sum of: N/A,
and which shall show said property free and clear of all
liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished
at the time of acceptance of dedication and recordation of
deed.
C. Upon the condition precedent that the DEVELOPER shall perform
each and every covenant and condition of this AGREEMENT, the CITY
agrees to accept said real property offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1)
year from the date of execution of this AGREEMENT, or such longer
period as may be specifically authorized in writing by the City
Engineer. In the event tt:e DEVELOPER fails or refuses to complete the
Work within the specified period of time, the CITY, at its sole
option, shall be authorized to ^omplete the Work, in whatever manner
the CITY shall decide. In the event the CITY completes the Work, the
CITY may recover any and all coati incurred thereby from the DEVELOPER
or the DEVELOPER'S surety or both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be done in accordance with
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines, and grades
approved by the City Engineer. The Work shall be done in accordance
with all State and County Statutes applicable hereto. The decision of
the City Engineer shall be final as to whether any material or
workmanship meets the standards, specifications, plans, sizes lines
and grades as set forth.
3
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of
Public Works, California Department of Transportation, State of
California, and in 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 Sa:'�.itary 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 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 commencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to commence.
4. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, the DEVELOPER shall file
with the CITY a faithful performance bond to assure his full and
faithful performance of this AGREEMENT. The penal sum of said
faithful performance bond shall be the full cost of any payment to be
made under this AGREEMENT, the value of any land agreed to be
dedicated, and any improvements are to be made under this AGREEMENT.
In the event that improvements are to be made under this AGREEMENT,
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 amount of said bonds shall be as designated by
the City Engineer. Said bonds shall be executed by a surety company
authorized to transact a surety business in the State of California
and must be approved by the City Attorney as to form and by the City
Engineer as to sufficiency. In the event that the DEVELOPER shall
fail faithfully to perform the covenants and conditions of this
AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY shall call on the surety to
perform this AGREEMENT or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
4
B. In lieu of a surety bond, the DEVELOPER may elect to secure this
AGREEMENT by depositing with the CITY:
1. Cash; or,
2. A cashier's check, or a certified check Fayable 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 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 bend
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 Bond and Insurance Release for Cash, CD,
Set-Aside Letter are as Follows:
A. Release of 45% of bond upon acceptance by City Council.
B. Release of additional 45% at six months from acceptance
after all deficiencies have been corrected and in the
absence of any claim against such bond.
C. Release of remaining 10% at ore year from date of acceptance
after all deficiencies have been corrected and in the
absence a,` any claim against such bond.
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.
5
5. CHECKING RND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., inc•xrred by CITY in
connection with said Project, and that DEVELOPER shall have deposited
with CITY, prior to execution of this AGREEMENT, the amount as set
forth herein at Page 2 (Part C. ) . Should construction cost 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 CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final
map and field checking of street monuments, in compliance with Section
4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the_ amount as set
forth herein at Page 2 (Part I) .
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaning during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arising out of or due to faulty workmanship and/or
materials appearing in said work during the period until release of
the surety bonds or other security permitted under paragraph 5.B by
the CITY.
Should the DEVELOPER complete the required repairs to the entire
satisfaction of the CITY, the unused balance will be returned after
the release of the surety bond or other security permitted under
paragraph 5.B.
9.STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, 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
10.ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this 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. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and
the City Standards and Specifications for the Work. The DEVELOPER
shall, upon written notice thereof, 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.
12. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 66493, Article 8, Chapter 4 of the Government Code,
pertaining to special assessments or bonds, have been complied with.
13. PACIFIC GAS AND ELECTRIC/PAACIFIC BELL
It is further agreed that the DEVELOPER shall pa.y to Pacific Gas and
Electric Company and/or to PACIFIC BELL Company any and all fees
required for installation of overhead and/or underground wiring
circuits to all electroliers within said property and any and all fees
required for undergrounding as provided in Ordinance No. 331 of CITY
when DEVELOPER is notified by either the City Engineer or the Pacific
Gas and Electric Company and/or PACIFIC BELL Company that said fees
are due and payable.
14. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion
of the maintenance of the Work, the DEVELOPER shall indemnify, hold
harmless and defend the CITY from and against any or all loss, cost,
expense, damage or liability, or claim thereof, occasioned by or in
any way whatsoever arising out of the performance ,or nonperformance of
the Work or the negligence or willful misconduct of the DEVELOPER or
the DEVELOPER'S agents, employees and independent contractors, except
to the extent any of the foregoing is caused by the negligence or
willful misconduct of the City or the City's agents, employees and
independent contractors.
7
71
15. 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 ar 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 ic:sured.
Said oeparate policy shall provide bodily inju:-y and property damage
coverage to the foregoing named CITY and indiviluals 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 lose covered by said policy . or policies, that g
other insurance shall be excess .insurance only.
The insurance carrier shall provide proof of their ratings. All
rafingQ shall be a minimum of "Best A-7" in accordance with ABAG
policies.
A. Tech c-f said policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100, 000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies
shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
16. MAPS AND/OR IMPROVEMENT 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 seven (7) prints of fully executed parcel
map.
B. A mylar sepia and ten (10) prints of fully executed
improvement plans.
8
C. A direct duplicating silver negative microfilm aperture
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.
17. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executo:a,
successor, assignee and transferees of the DEVELOPER. The assignmt-.nt
of this AGREEMENT shall not be made without approval by the Cit}
Council of the City of Cupertino.
9
• STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
1
On 1991, before me, BOBBI MAZZOAE
a Notary Public in and for said State,
personally appeared JOHN MICHAEL SOBRATO ,
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/-tom executed the same in his/herfthe-r authorized
capacity(ies) , and that by his/her/#Aei-r signature s) on the
instrument the person(s) , or the entity upon behalf of which the
pers.on(s) acted, executed the instrument.
4
�VI TNESS my hand and official seal. ter
AAWA C ARA OOLMV
+_� � AAd Gomrrr�doee B��?^rail
October 1.15
S ure
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
Mayorff
City Attorney ��"�� ,,� City Clerk
DEVELOPER:
SOBRATO DEVELOPMENT
COMPANY #910,
a California general partnership
'70 M "000'--
John Michael Sobrato, Trustee
under the JOHN MICHAEL SOBRATO
Notary Acknowledgment Required 1985 SEPARATE PROPERTY TRUST
Exhibit A Attached
a
10
tl
STREET AND BRIDGE IMPROVEMENT AGREEMENT
This Street and Bridge Improvement Agreement ("Agreem nt") 's
made and entered into effective as of the day, of
1991, by and between Sobrato Development Company # 910, a
California general partnership ("Sobrato") , and the City of
Cupertino ("City") .
RECITALS
A. As used herein, the term "Land" refers to approximately
32. 5 net acres of land located on the east side of North De Anza
Boulevard, between Interstate 280 and Mariani Avenue.
B. By Application 11-U-90, Sobrato has applied to the City
for a Use Permit ("Use Permit") for demolition of four buildings on
the Land, and construction on the Land of approximately 856,000
gross square feet (and 785, 000 net square feet) of office
buildings and related improvements ("Project") . At their regular
meeting of November 19, 1990, the City Council granted a Negative
Declaration, and approved Sobrato's Application 11-U-90 with
certain conditions, which conditions were subsequently modified
City Council action on February 4, 1991.
C. By Application 16-TM-90 Sobrato has applied to the City
for a vesting tentative map (the "Vesting Tentative Map") to
subdivide the Land. At their regular meeting of May 6, 1991, the
City Council approved Sobrato's Application 16-TM-90 with certain
conditions.
D. Condition 1 to the City Council 's approvals of
Application 11-U-90 and Application 16-TM-90 ("Condition 1") ,
requires Sobrato to contribute to the cost of certain street
improvements, and improvements to the De Anza Boulevard Bridge over
Interstate 280.
E. Sobrato intends to convey, or has conveyed the Land to
Cupertino Gateway Partners, a California general partnership (the
"Partnership") , which Partnership shall develop the Project,
provided that Sobrato assumes the obligations, and shall be fully
responsible for satisfaction of the requirements of Condition 1 set
forth in this Agreement.
F. The City and Sobrato intend that this Agreement shall
satisfy the requirements of Condition 1 set forth in this
Agreement, and that the City shall look solely to Sobrato for the
fulfillment of the obligations set forth in this Agreement.
MOM
NOW THEREFORE, the parties hereto agree as follows:
1. Im ,rovements to Add a Right Turn Lane to the Southern
Approach to Intersection of De Anza Boulevard and Mariani Avenue.
With respect to adding a right turn lane to the southern approach
to the intersection of De Anza Boulevard and Mariani Avenue, the
parties agree as follows:
A. Right Turn Lane. If annual City monitoring of
traffic conditions at the intersection of De Anza Boulevard and
Mariani Avenue following completion of the Project, establishes
that the level of service during peak hours at this intersection is
E or F (as such levels of service are defined in Table 2 of the
Initial Study prepared for the City by Brady and Associates, dated
September 20, 1990) , the City may, at Sobrato's expense, construct
a right turn lane at the southern approach to this intersection,
which turn lane may require a widening of De Anza Boulevard to the
north of the intersection.
B. Security. As security for Sobrato's obligation to
pay for the work described in subparagraph 1.A above, Sobrato
shall deliver to the City prior to the issuance of the first
building plarmit for the Project, a letter of credit in the amount
of $130, 000, which letter of credit shall be renewed continuously
for a period of seven (7) years from the effective date of the Use
Permit.
2. Widening of the De Anza Boulevard Bridge over Route 280.
With respect to the widening of the be Anza Boulevard Bridge over
Route 280, the parties agree as follows:
A. Construction Cast. The City shall have the right to
cause the De Anza Boulevard Bridge over Route 280 to be widened.
Sobrato shall pay sixty percent (60%) of the total cost of widening
improvements if a separate pedestrian bridge is constructed, or
fifty percent (50%) of the total widening cost if a new structure
is attached tc the existing overpass; provided, however, the
maximum amount Sobrato shall be required to contribute for such
work shall not exceed $1, 000,000 in either case (the "Maximum
Contribution") . Notwithstanding the foregoing, the Maximum
Contribution shall be adjusted quarterly until the date the bid
documents for such construction are circulated, to that amount
which is equal to the product obtained by multiplying (i)
$1, 000, 000, by (ii) a fraction, the numerator of which is the
Marshall Swift Index published immediately preceding the date upon
which the adjustment is to be made, and the denominator of which is
the Marshall Swift Index published immediately preceding the date
of delivery of the letter of credit described in subparagraph 2.B
below. As used herein, the term "Marshall Swift Index" shall mean
-2-
the Quarterly Cost Indexes (1926 = 100) for Buildings-Western
District, Building Class B, as published in Marshall & Swift's
Marshall Valuation Service, an example of which index is attached
hereto as Exhibit "A". If the Marshall Swift Index is discontinued,
Sobrato shall select an alternative index to implement the
provisions of this paragraph to achieve substantially the same
result as if the Marshall Swift Index had not been discontinued,
which alternative index selected by Sobrato shall be subject to the
approval of City.
B. Security. Sobrato's obligation to pay the costs
described in subparagraph 2.A above shall be secured by an
irrevocable letter of credit in the amount of $1,000,000, to be
delivered to City prior to the issuance of the first building
permit for the Project, which letter of credit shall be renewed
continuously for a period of seven (7) years from the effective
date of the Use Permit.
3 . Notices. All notices or other communications hereunder
shall be in writing. The addresses for notices to Sobrato and City
are as follows:
SOBRATO:
John A. Sobrato
Sobrato Development Companies
10600 North De Anza Boulevard, Suite 200
Cupertino, California 95014-2031
CITY:
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014-3255
City or Sobrato may change its address by sending a notice in
accordance with this paragraph.
4 . Entire Agreement. This Agreement constitutes the entire
agreement between Sobrato and the City with respect to the subject
matter hereof, and supersedes the terms of any prior or oral
agreements with respect to the subject matter hereof. Neither this
Agreement, nor any term, covenant, or condition hereof may be
modified or amended, except by an agreement in writing, executed by
City and Sobrato.
-3-
MOW
5. Miscellaneous. The headings of the paragraphs in this
Agreement are for convenience of reference only, and shall not be
considered in the construction or interpretation of any provision
hereof. This Agreement shall governed by and construed in
accordance with the laws of the State of California. If any suit
or proceeding is commenced by any party to enforce or interpret any
of the terms of this Agreement, the prevailing party shall have the
right to recover its reasonable attorneys' fees and costs of suit
from the other party. Should any provision of this Agreement prove
to be invalid or illegal, such invalidity or illegality shall in no
way affect, impair or invalidate any other provision hereof, and
such remaining provisions shall remain in full force and effect.
6. Obligations Personal to Sobrato. The obligations of
Sobrato hereunder are personal to Sobrato, and shall not run with
the Land. City and Sobrato agree that Sobrato's performance
pursuant to this Agreement shall satisfy the requirements covered
in this Agreement which are included under Condition 1, and that
City shall look solely to Sobrato for the performance of the
obligations set forth in this Agreement. A violation of this
Agreement shall not affect the validity of the Use Permit, the
Vesting Tentative Map, or any certificate of occupancy that has
been issued for any completed Project building. This Agreement
shall not be recorded.
IN WITNESS WHEREOF, this Agreement was signed as of the dates
set forth below.
"SOBRATO" "CITY"
SOBRATO DEVELOPMENT CITY OF CUPERTINO
b COMPANY #910,
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
c G
On a �! - y� , 1991, before me, BOBBI NAZZONS
a Notary Public in and for said State,
' personally appeared JoBN MICBAn SOBRATo
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/&Pe
subscribed to the within instrument and acknowledged to me that
he/s#efthey executed the same in his/herytheir authorized
capacity(ies) , and that by his/-her/fiheir signature(s) on the
instrument the person(s) , or the entity upon behalf of which the
person(s) acted, executed the instrument.
MMVAZWNE
WITNESS my hand and official seal. qWG.Cdft
SAWAOaCIiaaAMCOMY
Aaia+
Octabw 1.IM
Signature
FIALNAN'S FUND INSURANCE COMPANY S C R 1 1 1 3293 3125
G TMS A-iRICAN 1HOURANCS COMPANY , Bond No. -_..
NATIONA6%U69TYCORPOAATION Premium. $485 .00
pi E XLiUND
INDEMNITY CORPOAATION
INSURANCE COMPANIES AMCRICA/I AUTOMOBILE INSURANCE COMPANY
CALIFORNIA SUBDIVISION BOND - PERI'ORMANCE
City of Cupertino
Whereas,
s
State of California, and Sobrato Development Company #910 , A Cal' ifornia
General Partnership (hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to install and complete certain desig-
nated public improvements, which said agreement, dated ,
and identified as Project APN # 316-2- 101 ,316-2-97
is hereby referred to and made a part hereof; and
Whereas, Said Principal is requirid under the termaa of said agreement to furnish a bond
for the faithful performance of said agreement.
Nov, Therefore, we the Principal and The American Insurance Company
Ci y of Cupertino
as Surety, are held and firmly bound unto
hereinafter called ('Obligee"), in the penal sum of
Fifty-Three Thousand Nine Hun red Ten and no/100
Dollars
0 53 ,910 .00 ) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and Well and truly keep and perform the covenants, conditions and provisions in
the said 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
�so�or-IaTs
IL.6TT£A SIZEI
. 1
(ib' Bond)
harness City of Cupertino ,
Its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
the- e£or, there shall be included costs and renronnble expencee send fees, including
ressona ble attorney°s fees, incurred by county (or city) in successfully enforcing such
obligation, all to be taxed as costs and included in any 3udgmvnt rendered.
The Surety hereby stipulates and agrees th:nt no change, extension of time, alteration
or' addition to the terms of the agreement or to the Work to be performed thereunder or
th_ L=,ecifications accompanying the snms shall in 'anywise affect its obl%gtions on this
bond, and it does hereby waive notice of any such change, exte:isi.on of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
In Witness Whereo.f, 'this instrument han beer_ di,ly executed by the Principal and Surety
above named, on August 13 , 1991
Sobra o De o ment Company # 910
A Callorm era tnership
By:
The ican Insurance Company
Caro I yn KiY1 I ey , Attorn, y- In-Fact ,
_ f
ALL-PURPOSE ACKNOWLEAGM►iNT No
State of C a 1, i f o r n i a CAPACITY CLAIMED BY SIGNER
County of Man Mateo ❑ INDIVIDUAL(S)
❑ CORPORATE
On,8!13/91 before me, Linda L . Sanders , Notary Public OFFICERS)___
DA TE NAME.TITLE OF OFFICER-E.G.'JANE DOE,NOTARY PUBLIC' TITLE(S)
❑ PARTNER(S)
personally appeared Carolyn K e l ley _ 0 ATTORNEY-IN-FACT
NAMES)O'SIGNER(S) ❑ TRUSTEE(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ TRUSUBSTEE(S) WITNESS
to be the perso%6) whose name(so is/are
subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR
knowledged to me that heishe/tbay executed ❑ OTHER:
the same in hc6/her/tbtetia authorized
capacity(ies), and that by kisther3tuei(
OFFICIAL sEni signature(sQ on the instrument the personps),
UNDA U SANDERS or the entity upon behalf of which the person(9) SIGNER IS REPRESENTING:
Notary Public-CallforNa acted, executed the Instrument. NAME OF PERSON(S)OR ENTITY(IES)
= ® SWA CLAIZA couNre The American
My CommWon Expires Witness my hand and Official seal. - —
. August 20, 1993
- - - Insurance Company___
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document_ Subdivision Bond - City of Cupertino
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT g — —_
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above _
r0 1991 NATIONAL NOTARY ASSOCIATION•8236 Rommel Avg.•P.O.Box 7184•Canoga Park,CA 91304-7184
f
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
On 1991, before me, BOBBI MAZZONB
a Notary Public in and for said State,
personally appeared JoBN A. :,IHRATn ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the pervon(s) whose name(s) is/e*e
subscribed to the within instrument and acknowledged to me that
he/sh4W-they- executed the same in his/her/-t-hei-r authorized
capacity(ies) , and that by his/ter/.0ioir 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. pp
PimWeaffaffft
Si�ppAW CIURA COUMV
>e�L baftw 1 1 �
Signa ure
,yf rf. � ,� If f ��:�N 1 jj� \i. 1 rl , j�.Y lt.t; ..• � r�F i; rr•, I V1. 1
jr t1 r 1st ��,' J1. ir•',�tw 1' a� I ( r � �' : 1q "4�r P q1 i ' # t , f7. -
p o2?nl, b 11 7 ') �'
r Y r( f , r N 1 tr +� ,�. f ,j�'f„L� rp,�••.� f 1 r 1 ! jIf ��. ) .
• ( f � '.� 7 � ..1 i5'1 f`Y'�•1 t }s}�y f 1.) I <l �.. � i •r I�• i','t� r.�7 '' , 5 .
1 '� r / 'tr 4 1 i �'.�'b. +•it al 1.� r 1 q 1 / .< 1 � la ft f�! e. Td
t , ',Yt,t , 7 /I,i . 'rI�. 'ftit �y t pq �If'�1�' '1' �s4,- e t i �t, , >` �;+fi�t a •.� ,
f e :f�.j{fJ�f�♦ I „ ♦ t'}q' t�� �4r.•1 l��}.R` )f1�f 7 4 W �1f�F� 7� i (�.r'yl f 1 I� r{f �Y�� t .
-
.N\� It , )" � .! i,'!�� 1>�. ,�y'_i ti r �,?g'p1�. 1 + ,�� l l,{W 1�6jA. 1• n\•I+,�s •t'fi'.`�.t 1. , 'ly` r, f
'.5_ A i.�t'rL ✓7 f p +rL�\'X'+.� •l� alT, S 1r t �9fj fr. i. ) k� r .�yi i f.
i '� PM. 'ri A: d 1'Yiro 1 rt(.._-..�,�!�d� 1 1• R !r 9,
GENERAL
POWER
EY THE A1MfMCAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1 W.and redomesticated to the State of Nebraska on June 1,1990 and having its principal office in the City of Omaha,State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint CAROLYN KELLEY, FRED J.
deGROSZ and JAMES B. SHEA, jointly or severally
BELMONT CA
its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,placf and st:ad,to exeI seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof ,
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.
This powe*of attorney is granted pursuant to Article VI1,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article V II.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents so accept Legal Process and Make Appearances.
Section 45.Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-io-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.the authority of such Resident assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked many time by The Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984.and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearirg such facsimile signature or facsimile seal shalt be valid and binding
upon the Corporation."
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
be hereunto affixed this 5 t h day of April . 19 91.
.• o•', THE AMERICAN INSURANCE COMPANY
J r-
~� - y
Vice-President
STATE OF CALIFORNIA
SS.
COUNTY OF MARIN
On this 5 t h day of April 19 91 before me personally came R. D. Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal aflI to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Director of said Corporation and that he signed his name thereto by like order.
1
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
3ossasswsosnosueesessessseaeuomamassssnsesssn
= OFFICIAL SEAL
J. M. VANDEVORT i
NOTARY PUBLIC-CALIFORNIA Notary Public
Principal Office in Marin County
B My Cammosion Expires Aug.28,1992 = CERTIFICATE
$nsssasoe„ssseseo,�atumeauaenar mnssflnsesuos�
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
I.the undersigned,Resident Assistant Secretary of THE AMERY'AN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full forcc and has not been revoked;and furthermore that Article V II.Sections 43 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Date the 3 t h day of August ' 19 1
`✓jptl�eZ••
�'w°+��i�c?�•-1.
Resident Assistant Smmary
360711-TA-6-90(REV)
e la•l•+.I• f.IVNV INSUwANC�CO»wANY Bond No. JA M( j 11 3L V J J 14 a
Pre
iw��� 'Ile[ .Vf wIC.Y!N!.V�A»C[[SYrANV
NA I1ONAi. !.V•fTY COwIOAATIO» mi num included in
OREM!lNSFUND OQLlfT, l»oL.,»I,.tGarOw.,TI®» Performance Bond charge
INSURAIXFCOMPARIES Au(wICAN AVToVOwlt,C M» UwA»ll CO—ANT
CALIFORNIA SUBMISION BOND - LABOR MATERIAL
Whereas, _ City of Cupertino
State of California, and Sobrato Development: L,:-,pany #910 , A California
General Partnership
(hereinafter designated an "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
Improvements, which said agreement, dated , and
identified as Project
APN # 316-2- 101 ,316-2-97
in hereby referred to and made a part hereof; and
Whereas; Under the terms of sold agreement, Principal is required before entering upon
the performance of the work, to File a good and sufficient payme:tt bond with
City of Cupertino
to secure
tbu claims to which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California.
Nov, Therefore, said Principal and the undersigned as corporate Surety, are held firmly
City of Cupertino
bound unto the
and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in
the aforesaid Code of Civil Procedure in the aum of Fifty-Three Thousand Nine
Hundred Ten and no/100 Dollars ($ 53 ,910 .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 said Surety will pay
the same in any amount not exceeding the amount hereinabbve set forth, and also in case
suit is brought upon this bond, will pay. in addition to the face amount thereof, costs
and reasonahle expenses and fees, including reasonable attorney's fees. incurred by
county (or city) in successfully enforcing such obligation to be awarded and fixed by
eo>o: �o•�a
(LM Bond)
the court, and to be taxed as cos.s and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this band shall inure to the benefit
of any and all, persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Divi.ion 3 of . -� 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 performed, 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 terms of said agreement or- the specifications accompanying the same
shall in any manner affects 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
above named, on August 13 , 1991
Sob to velopment Company # 910
A C 1 o is Genera Partnership
gy;x
The jerri n Insurance Company
Carolyn K lley , Attorn y- In- Fact
• ..fir i s 1 ..7 .Y � E iL CT r� �Y'•T�a:L:'- �; • riJ `r I �i t'.f iT '' ..',�;.
r i , 1 d v1 f �':' !PR �• K y�
"["G,� a ,;�
�j } 0 1 y 3.F, ,t+h`h .•t, `,7 ti Y, � �r�i���q.!,� r �• L• ��r ��_i t
• � .`.1�+>t�, ��` . �� t 1��� ��`�"tl��r�v.asl!!R� �{k r '<�t{ � i nti'"1 r.c. a •. t ,
ti 1r ^j' tp, e y Saii:i'SJr;S.�? �Tw 1,
ALL-PURPOSE ACKNOWLE®OMENT NO209
State of-- Cali f o►'n i a CAPACITY CLAIMED BY SIGNER
San Mateo ❑ INDIVIDUAL(S)
County of
before me, Linda L . Sanders , Notary Public ❑ CORPORATE�_�_,.____.__
On >jj1.3�9i OFFICERS
NAME,TITLE OF PFFICER-E G.•JANE WE.NOTARY PUBLIC* TITLE(S)
❑ PARTNER(S)
personally appeared_,
Carolyn Ke 1 1 e y d ATTORNEY-IN-FACT
NAME(S)OF SIGNER(S) f l' TRUSTEE(S)
11 personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ PUBSCRIBING WITNESS
to be the persori(sf whose name() iSAV ❑ GUARDIANICONSERVATOR
subscribed to the within instrument and ac
knowledged tr.,me that ha/she/thaymixecuted ❑ OTHER:_
the same in Sher/t14§Ik authorized
capacity(ies), and that by ;hliMer/%h0lrx
- �• _.�_ ,_ signature(g)on the instrument the person(s),
OFFICIAL SEAL or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
UNDA L. SANDERS I, NAME OF PERSON(S)OR ENTITY(IES)
j Notary Pubic-California acted, executed the instrument. The American
SWA CLARA COUNTY
+ My Commisdon Exp4re9 Witness my hand and official seat. --- —
"" August 20• 1993 Insurance Company
SIGNATURE OF NOTARY
ATTENTION NOTARY:Although the information requested bnlow is OPTIONAL,it could prevent fraudulent attachment of this certificate to unaothori7ed d0:.ument.
THIS CERTIFICATE Title or Type of Document Subdivision Bond - City of Cupertino
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above_
r%1991 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave •P.O.Bo*7184•Canoga Park..CA 9 1 304-71 84
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
On I 13 " 9/ , 1991, before me, BOBBI MAZZONS
a Notary Public in and for said State,
personally appeared _ JOHN A. SOBRATO ,
personally known; to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/a-r-e
subscribed to the within instrument and acknowledged to me that
he/sbsW-th4pp executed the same in his/her/-t-hei-r- authorized
capacity(ies) , and that by his/-her/Vieir signatures) 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. ��rrMA
rs SAMCLAMCOUNN
Sign ure
Y 1'
���•�i o ,�ti!'~" i.:,'j'r r ✓-y�+c" 2.c-.=t'�•'�v'.r"�p'.r� " �" '"'' '' ." c "?'�-°,.+.4`�'�in i K'7o .]..``a i"�s�a �Y - '�, .,;. ' ..,.
�1 �`j]' ,
' � '.t�.1"c �..J4'�y"�'..t-i' iE`.�� .R.r.3"',�A-�'1. .�w� r t..T..;�� .,�>��'""r.�� •�a. �7", 'F'�c'a�J�•t Je.`,"`a !,
Alburger Dom de Grosz
P.O.Box 2017 AFFORDING COVERAGE
Behn
. .w:. .:.:. ... ..,: -. . trU^'..+1✓,: .ii-. e.e..,•, s» ,.,,..,. ..•.. ,..:a,. r�.-.....!.- .s>-. '3:�'•..•L�a•+r°.rAnvr Y,.-.�>ts�s,. lr.::e.i.:el rrPjs'�'IS7,
.a 002-1169
fume
Sobrato Development Companies
et 21
suite v^{ (.
Cupertino, 95014
+v�. ✓ ;l "'s' a. r r •� '�: 11�n. �v3�•J'?'T"'',��'� :<> h n 1 r a
•r',yn` •.s.^ S ? rt..< ` N'�y?•J J"'�" r �r�a<v r Yq�7y f
;^l�"t..r�c•,:s?�r���1a'>9s�c.,t'�.,.tvsr .:7:J.J..'�fv
�• .• 1.•
IT; ,
a.
•ior
1
C
p �r r r n•-"� � r {t
�I ffivN
L�►i�in�7.1���
Re: Apple PfDJK%10700M.De Anza Blvd.,Cupertino,CA; The City and
111emben of the City Council of the City of Cupertino Individually and
011"vely)and the oMceM agents and ttnployees of the City
9401AD ANY OF THE ABOVC*
EXPIRATION DATE THERECA
CITY
w�
n
,s:p_r.� '^' y..r-V,.�,Jr�)''�2fw�.rch YTL,y�'�:3.:si. " r �. .J.�.".r». ..r ••�» Win."7n'�,•r c>{v- .3.^�A�,.}Fx:S.ii f7�n..o't's-i'tiZ.:7:�� tT,'S.^'i,r}r Y� ;; •�'�?f� J.,��' x..
Jar„y+����j --�. ��Z.L' :*J�<.�`' St �:i•��i.:S� n.}. n��T r : ?:5:.°L`i:: :.��;. ^��L fo3?.-Y..S.F�„ta'J}Y'.�.],�-t'..�.-S�.N-.•-._'�-���r.1a�..t:4:.,..If_SJ_1:,.s�r ... r_ v t^ -
t .r ,.. 30 r; •- ♦ •` •' ..fir
n1 •: y
10300 Torre Ave.
r , w ..
Cupolinog CA
-�1 w n�. -j .».� o i�. t y. r,� s 7`},2' t �.J`r".:f Y •ZsyK,,1 ywn<�it+.i'f;•f,•. T � �•�; 9 �,ry �e r yri•• 7�71-r'•1:� fb L':...,.,'•:
I.s,E.� c41 y
�rx��J>ti��_S;r.;=G'•11,.1:f.F,'rr.�vf.11��6.i,C'f.1,�4Ti'.r!:w�,: J..'�:If7ic:.{.1Y:r,A�i�rIMYt-tS:strw.vsStl;�:,.r`vr...3�r-..#';..f... ....•:,.-�J;. �:7if..J:!'r.,Y'F%�iir r..�t-t...t:f..i>..It��l_�.
h..s ..+.+.<r� .,yw rS iv V" ✓ M s-'• 3v^,-aC' .`4 r.y. -:f:n
r &�`Yak ��-•:��Zoa�.aqt f � x4t rY n,ry Ate.
- f1.ty� 'L�1> .Y�aS�t�.nY..�����.rl.^i�,s�..S? n,4 .r �'� +Ti � r. .. ' v. . y;�, fl.'S^'4 Z �.rt _'Sr�.v i�f t�•�f •ttv0 J-i'Y n.
zK%il z .hs..'."�+ : �Z� "z`{a w;+,- T n < fr.r„t w Yv+�` •'.•..r{ �i".P ri1 Q x�';f�r�'7"''L` �.r�Q ,.:f f .3 vtir KS .'y c .'+•^S�".' ,ti,:.
}
'.1, v'�.r=.s� ?•��.,�ih�,�rx:r�a _ =� 5'.,�,�. ::..n.;�.>��>',,. �r.'N>~.::�..-.�'r�.
eDevelopment
namedIndlAdually and collectively are .,
liability per 7. 1.- attached.
NamedInsured1 -.1 der. Sobrato Development
Company
.1 9910, California
General1.' John 1. Revocablet
and SobratoInterests as Generali
-:.
'i
i�
.i
i
•i
e
ja
S�
�I
Y:
3:
S
1
1•
i
i
..n- ;.:�. •t' ,:.rr t�7 .a7r;:�a'Ao ,..� ty.. rs{:`r�k.'$iSY•:'.'C,.i`�;n<2s(; (�t'�.1rc2 G,�({!; i rt`.�..,,�.s�.�;'�x tY.:,•
,�' P�� ,
i f���,�a�-.lk�'4 � � br�k{�f�i3.�u�i �rt .�s�}eori't..�, z?3>,''..,h.!<,'it I;•.nF.t sFu ��a��wr.�' ��r�.�.�'.� ..�.�.0.�.R;::.C'F�.b ;�'St Fi r>t_.: to Y;nh Y't� s (-n•lu�H 41: -
.aj.'�,.(3K"'4+:fY'i•,�
1
D
POLICY NUMBER: T'30868625 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED --® OWNERS, LESSEES OR
CONTRACTORS (FOR B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Mare of Person or Organization:
The City and members of the City Council of t: a City of Cupertino
individually and collectively, and the offices, agents and employees
of the City individually and collectively
10300 Torre Ave. �
Cupertino, CA 95014-3255
(If no entry appears above.information required to complete this endorsement will be shown in the Declarations
as app'icable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of 'your work" foi that insured by or for you.
Re: Apple Project, 10700 N. De Anza Blvd. , C pertino, CA;
Subject to all other terms and provisions of the policy, such
insurance as provided by this endorsement sha 1 be deemed
primary, but only with respect to work performed by or for the
named insured in connection with the above described contract.
CG 2010 1185 Copyright. Insurance Services Office. Inc . 1984 ❑
b'd soAs sNI Q H ti Ztrm 16, tst 9f1H
U
� T
9fIFOK�
10300 Torre Avenue Cupertino, CA 95014 (408) 2524505
Memorandum
DATE: September 4, 1991
TO: City Clerk
FROM: Public Works--Sumi
SUBJECT: City Council--August 19, 1991
Apple Computer Project
Submitted are the following items:
1. Taree sets of agreement between city and Sobrato Development
Company #910.
a. One copy each performance and labor and material bonds.
The American Insurance Company
Bond No. SCR 111 3293 3125
t . Certificate of Insurance, 1/14/91
2. Three sets of "St,. st and Bridge Improvement Agreement"
between the city and Sobrato Development Company #910.
(Bonds are being tiled in the Finance Office)
Please forward a copy each of the completed agreements to:
Sobrato Development Company #910
10600 No. De Anza Boulevard, Suite 200
Cupertino, CA 95014
sm
attach.
RESOUMCW NO. 8480
A RESMMICK OF THE CIT% COUNCIL OF TE2 CITY OF CUPERWINOI
APPROVING PARCEL I►P AND DWROMMM PLANS, eel YT11ORIZING
EXECUPrICH OF CFF-SITE IMPRIOVEHM AGUD24ENT WIZii
SOBRAM DEVEWYMENT COMPANY #910 (APPLE C PROJECr),
10700 NOM DE ANZA BOULEVARD
yHERFAS, there has been presented to the City Council for approval of
the parcel map and kl qx-m anent plans of property located at 10700 North
Dsza Boulevard by Sobrato Development Cmnpany #910; and
WfBMMS, there has been presented to the City Council a proposed
aft for the construction of streets, (mrbs, and gutters and fm
other improvements, and good and sufficient bonds (letter of credit),
fees, and deposits as set forth in Exhibit "A", having been pasted for
the faithful performance of Said work and the carrying out of said
agent; and said map, agreement, and bonds having been alparoved by the
City Attorney;
NOW, MZREFM, BE IT FWOL IED THAT
a. Said parcel map and im--mo ent plans herein referred to are
hereby approved.
b. The offer of dedication for street areas and all ease-nts is
hereby accepted-
C. The City Engineer is hereby authorized to sign said unpro-v+ement
plans.
d. The City Engineer and the City Clerk are hereby authorized to
sign said parcel map and have it recorded.
e. The Mayor and the City Clerk are haaeby authorized to execute the
off-site impYt aunt herein referred to.
PASS® Aim ADOPTED at a regular meeting of the City Council of tku_:�
City of Cupert no this 19th day of August , 1991, by tie
fo3lowing xrote:
vote, fags of the City Council
AYFS: Goldman, Rogers, Sorensen, Koppel
NOW: None
ABSEW: Szabo
ABS7RW: None
f
r ,
RESOLMIfA :.�. d480
EXHIBIT "A"
SaMULE OF BOND, FEES, AND DEPOSIT'S
DEb'M3d BMT: DIAL
SOBRATO DEVEILF14S1T COMANY #910
LOCATICK: 10700 NORTH DEAMIL BULZEVARD
A. Faithful Performance, BM id: $53,910.00
FIFTY THREE THOUSAMID NINE Him TEN AMID 00/100 DOLLARS
B. Labor and Matecial Bond: $53,910.00
FIFTY THREE THOUSAND NINE H[MED TEN AMID 00/100 DOLLARS
C. Checkinig and Inspection Fee: $ 3,235.00
THREE THOUSAND TWO HUNDRED THIRTY FIVE AND 00/100
D. Indirect City Expenses $ 485.00
FC)[At HiMUM EIGHTY FIVE AND 00/100 DOLLARS
E. Development Maintenance Deposit: $ 1,000.00
CNE THOUSAND AMID 00/100 DOLLARS
F. Storm Drainage Fee: N/A
Paid in 1977
G. One Year Power CW t: N/A
H. Street Trees: N/A
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Rein+tun3 Mt N/A
L. Maps and/or Improvenent Plans: As specified in
item No. 23 of agreement
RESMMCN NO. 8481
A RESOLMCK OF THE CITR! AIL M 7M CITY CAp CUPRRTIM
APPRMM EMM TICK CF ".TM ET MAID BR IlMPRII]Vl� "
WITH SOBRAM INTEREST II, A C1LIFOWIA OPAL PARTNERSHIP;
NCM REAM BOULEVARD AT ROM 280
WHEREAS, as conditions of approval of Applications 11-3-90 and
16-114-90, the developer, Sabrato Interest II, a California General
Partnership, is required to contribute to the cost of cext m street
ts, and b%movenmts to the DeAnza Boulevard Bridge over
Interstate 280; and
there has been presented to the City Council a proposed
"Street and Bridge Tatnovenent Agreement" between the City and Sobrato
Interest II, outlining the provisions for fulfilling developer's
obligations; and
VEREAS, the terms, condition, and pmavlsicns of the aforementioned
scenI have been reviewed and approved by the Director of Public Works
and the City Attorney;
NOW, MEREFURE, BE IT RAVED that the City Council of the City of
Cupert iaao herby moves the aforementioned agreement and authorizes the
Mwjor and the City Clerk to mute said agreement on behalf of the City
of 0qxwtino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cq=tino this 19th ' day of August 1991, by the
following vote:
Vote Medbers of the City Co;mcil
AYES: Goldman, Rogers, Sorensen, Koppel
NOES: None
ABSEM: Szabo
ABSTAM: None
APPROVED:
/s/ Bart Koppel
Mayor, City of Cupertio
ATIE3°r:
/s/ Dorothy Cornelius
City Clerk
to ewoee wwr.e ae.eo ow«. - o- e..•. e.ee. .f... .wnw• ..-... •.-e. 00-0. •r w
da �� £ as � =$i�' li£it fin: Jim fill; inn g$171 i-£
�p O.wp- :^w.w ne=oo - .-^ OnO=o mw..+ ♦w+.e• we.-e +w.ry •ww.. w-ass .w.�. 9•
m zak o_R A�cc aiiRi 8:l:w :IIal: lil ll::S M H !i$is- ::"" HiH !:_
w we.0 --.Y•n .y.-e. Os.Ow •w-gym _ep-« .- ...v0 .r.+• •vr•�a f.®«qe+• -<)-eo .wmw
m 8eiar. «ww- .wA wn ��a . $r.:s :�Olfi: !�l t �.� '� : 'i:1 ine9i "M Hi
w- w. •i•.. nwre., anw = 006-w Ow•«. •.aw rw+. we••E .r.•. •...- ..
ai�a is :63im 23!£i ija!f liil: i::ii i'3£s ;3i£i i:aMA £= o.wo•oo w.w«o .e.«- .o.-« a►.or+ -.«.• ..--. e.-•- oo•ea ..ee�� -e-•a o.•-• •.+
o•
QQ n @@� Ra x q yg g u� 4$ p 99f xY
�n.S • Car. IIII#IIw
H ----- ----- -^---
� .•-.• rwwOw r.wOn wbo«O •on- p«w0. 0...- •.-. wwww. •w.p .... ee0«• w•
® 9a £ z-2?a£ Ram" l:ia3 IIsa:3 filiIIA 'sfiQia i£.!! !3:!! ;:$ l i $ii a9!£a f3�
o -
0... w0-a OwewO OOao- .nwr. p-0.. -•.r+ eve-• ww.e• .ww-e •..-w o.e_- .wn
® !!!!£ R!?!: l3aw? aalia ei£.e .;« 2 IS ieRBi !as!ffi IIia.= M;: i are !8£
won
P ----w ----- -----
.ro- per$- - wmo-2a
.waea« a«s O H£ w H- W.H1 3f3• • z:. ii !•: •:-Enai e!a.
-
-
` r.
sa 3 as A.. 3a3As :$lid a of $i3£3 Oa- gi•a.9 333 � sit s38!# e3
wn•• � --Oew � wwn0 � spec. . O.. •.-aw wrs.w ..ee- a-r.v •O•-« o•e-. •w.•O Os.
U m caw-: U axaa: _U x -' s cn waeg « '!£££ ;IIz3i :llp £gii3 #i'£= all
� — o - - --^--q -- R}� g y S a yy�� gg gg Q
wRn- �ereQ ., "'��xx W oa:oc Bifli Iiiij i5p: wEieO fill: •$S+ ®roll saIIIII !@l
P --
W® ® •wwwe ® •.w..- ®w.-r.« n--«- «won. «oeno .. .. ..... ..... e.... ..0*oe •.•-s wrw
, J ds•?i :a£:: s$sa# iIIII:ti aia£e e:13: �:i:a M:i £i$:a i!i
W w
w...w gw.f. W.ww.. -ww « .«. .«.w« .w... .r... ..... .we fwwe. .00
ISM ®$at il�3s oli$3 $i£�a Hill cliff: Mil HUII !g!
�®y •n-.o rr•wo «rswo .e.o- ww«ev aono wwwow rn.wm •w«
i. ® '� � R7�R W• J �E�i�o S ad a of �:::g �&W 2M-i a$:e: :6gla UM2 22i
«^^ Y-wnn eerno 0.0000
oo-o*
o.-oo •-owa w«n
� o�.'�R w51�ti« � ��8R� Si4oml� $g000 iiRe$ iaili :l�cc $z!l$ £iii:
P
�/ ^ - e--_,. n--w owo-. esem« « can w-.-- wsna• rw..a -v•.«e .on•• w.-
� •w•p� w.rwo
lo3mr MIX Wire :3IIf. iIIoaa c&M PAii Hsail HM 311
rs}s ® •wt.t•. ®
�etlWll,/•.o�q,� ^o® iw:♦w±•_7en.�e%«0r 3®ni=•..Kti.i�aw wna�n•_. giee:w�q: jjeeiwiwxv ecwo aoic rIpw.£ao- £ema.wwo•al« 11wAZwu o Se$aios-e.g .•f.•.'.:
�l
iioaoRs$w aaoo$ri.io r?wl$j 00.0. ...o- o-e
aa ce. :eels 13: $w^a£ $ w: u $ giEc: l� cs 9'i:cZ e
Asa -� 8 PnaII 338a § :P� 33a e�a3 g33p aII:a :
P
O a10 ss e3,+ wss 3 ls3w is:3a i8 a ; 339oa 31Q33 1pii 33
o venw« .Oe-n a.n- «-..e ra-a« •os-e «rwn« ••w.. ..... ..... ..... ..... ...
r Ilia wir �3 :msi� M "s Mveg MCA Ifen sills l ac: ISM H:l: ail
a3a 3'-sR7A 'e$' a^ g HIR 33sa3 IMF fill: Mai Si133 i1§1 333
0
wa-e. -wm.q .wen «•own OwOa- •.f�. --w•- r... �
Pell i:c.I Ma: 1:ii£ .iai"s £dill 11pi infif &i1 vt
P a .
9 flM fill, ill � $ . ' III- t�
IV, ILIHI®XH
STREET AND BRIDGE IMPROVEMENT AGREEMENT
This Street and Bridge Improvement Agreeme ("Agreem t") i
made and entered into effective as of the day, of
1991, by and between Sobrato Development Company # 910, a
California general partnership ("Sobrato"), and the City of
Cupertino ("City").
RECITALS
A. As used herein, the term "Land" refers to approximately
32.5 net acres of land located on the east side of North De Anza
Boulevard, between Interstate 280 and Mariani Avenue.
B. By Application 11-U-90, Sobrato has applied to the City
for a Use Permit ("Use Permit") for demolition of four buildings on
the Land, and construction on the Land of approximately 856,000
gross square feet (and 785,000 net square feet) of office
buildings and related improvements ("Project"). At their regular
meeting of November 19, 1990, the City Council granted a Negative
Declaration, and approved Sobrato's Application 11-U-90 with
certain conditions, which conditions were subsequently modified
City Council action on February 4, 1991.
. C. By Application 16 -TM -90 Sobrato has applied to the City
for a vesting tentative map (the "Vesting Tentative Map") to
subdivide the Land. At their regular meeting of May 6, 1991, the
City Council approved Sobrato's Application 16 -TM -90 with certain
conditions.
D. Condition 1 to the City Council's approvals of
Application 11-U-90 and Application 16 -TM -90 ("Condition 111),
requires Sobrato to contribute to the cost of certain street
improvements, and improvements to the De Anza Boulevard Bridge over
Interstate 280.
E. Sobrato intends to convey, or has conveyed the Land to
Cupertino Gateway Partners, a California general partnership (the
"Partnership"), which Partnership shall develop the Project,
provided that Sobrato assumes the obligations, and shall be fully
responsible for satisfaction of the requirements of Condition 1 set
forth in this Agreement.
F. The City and Sobrato intend that this Agreement shall
satisfy the requirements of Condition 1 set forth in this
Agreement, and that the City shall look solely to Sobrato for the
fulfillment of the obligations set forth in this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Improvements to Add a Right Turn Lane to the Southern
Approach to Intersection of De Anza Boulevard and Mariani Avenue.
With respect to adding a right turn lane to the southern approach
to the intersection of De Anza Boulevard and Mariani Avenue, the
parties agree as follows:
A. Right Turn Lane. If annual City monitoring of
traffic conditions at the intersection of De Anza Boulevard and
Mariani Avenue following completion of the Project, establishes
that the level of service during peak hours at this intersection is
E or F (as such levels of service -are defined in Table 2 of the
Initial Study prepared for the City by Brady and Associates, dated
September 20, 1990), the City may, at Sobrato's expense, construct
a right turn lane at the southern approach to this intersection,
which turn lane may require a widening of De Anza Boulevard to the
north of the intersection.
B. Security. As security for Sobrato's obligation to
pay for the work described in subparagraph 1.A above, Sobrato
shall deliver to the City prior to the issuance of the first
building permit for the Project, a letter of credit in the amount
of $130,000, which letter of credit shall be renewed continuously
for a period of seven (7) years from the effective date of the Use
Permit.
2. Widening of the De Anza Boulevard Bridge over Route 280.
W`.th respect to the widening of the De Anza Boulevard Bridge over
Route 280, the parties agree as follows:
A. Construction Cost. The City shall have the right to
cause the De Anza Boulevard Bridge over Route 280 to be widened.
Sobrato shall pay sixty percent (50%) of the total cost of widening
improvements if a separate pedestrian bridge is constructed, or
fifty percent (50%) of the total widening cost if a new structure
is attached to the existing overpass; provided, however, the
maximum amount Sobrato shall be required to contribute for such
work shall not exceed $1,000,000 in either case (the "Maximum
Contribution"). Notwithstanding the foregoing, the Maximum
Contribution shall be adjusted quarterly until the date the bid
documents for such construction are circulated, to that amount
which is equal to the product obtained by multiplying (i)
$1,000,000, by (ii) a fraction, the numerator of which is the
Marshall Swift Index published immediately preceding the date upon
which the adjustment is to be made, and the denominator of which is
the Marshall Swift Index published immediately preceding the date
of delivery of the letter of credit described in subparagraph 2.B
below. As used herein, the term "Marshall Swift Index" shall mean
-2-
the Quarterly Cost Indexes (1926 = 100) for Buildings -Western
District, Building Class B, as published in Marshall & Swift's
Marshall Valuation Service, an example of which index is attached
hereto as Exhibit "A". If the Marshall Swift Index is discontinued,
Sobrato shall select an alternative index to implement the
provisions of this paragraph to achieve substantially the same
result as if the Marshall Swift Index had not been discontinued,
which alternative index selected by Sobrato shall be subject to the
approval of City.
B. Security. Sobrato's obligation to pay the costs
described in subparagraph 2.A above shall be secured by an
irrevocable letter of credit in the amount of $1,000,000, to be
delivered to City prior to the issuance of the first building
permit for the Project, which letter of credit shall be renewed
continuously for a period of seven (7) years from,the effective
date of the Use Permit.
3. Notices. All notices or other communications hereunder
shall be in writing. The addresses for notices to Sobrato and City
are as follows:
SOBRATO:
John A. Sobrato
Sobrato Development Companies
' 10600 North De Anza Boulevard, Suite 200
Cupertino, California 95014-2031
CITY:
City Manager
City of Cupertino
10300 Torre Avenue
'Cupertino, California 95014-3255
City or Sobrato may change its address by sending a notice in
accordance with this paragraph.
4. Entire Agreement. This Agreement constitutes the entire
agreement between Sobrato and the City with respect to the subject
matter hereof, and supersedes the terms of any prior or oral
agreements with respect to the subject matter hereof. Neither this
Agreement, nor any term, covenant, or condition hereof may be
modified or amended, except by an agreement in writing, executed by
City and Sobrato.
-3-
5. Miscellaneous. The headings of the paragraphs in this
Agreement are for convenience of reference only, and shall not be
considered in the construction or interpretation of any provision
hereof. This Agreement shall governed by and construed in
accordance with the laws of the State of California. If any suit
or proceeding is commenced by any party to enforce or interpret any
of the terms of this Agreement, the prevailing party shall have the
right to recover its reasonable attorneys' fees and costs of suit
from the other party. Should any provision of this Agreement prove
to be invalid or illegal, such invalidity or illegality shall in no
way affect, impair or invalidate any other provision hereof, and
such remaining provisions shall remain in full force and effect.
6. Obligations Personal to Sobrato. The obligations of
Sobrato hereunder are personal to Sobrato, and shall not run with
the Land. City and Sobrato agree that Sobrato's performance -
pursuant to this Agreement shall satisfy the requirements covered
in this Agreement which are included under Condition 1, and that
City shall look solely to Sobrato for the performance of the
obligations set forth in this Agreement. A violation of this
Agreement shall not affect the validity of the Use Permit, the
Vesting Tentative Map, or any certificate of occupancy that has
been issued for any completed Project building. This Agreement
shall not be recorded.
IN WITNESS WHEREOF, this Agreement was signed as of the dates
set forth below.
"SOBRATO"
SOBRATO DEVELOPMENT
COMPANY #910,
a California general
pa;toership
By: I 11VW
Joh Mic ael Sobrato, Trustee
and r the JOHN MICHAEL SOBRATO
1985 SEPARATE PROPERTY TRUST
Its: General Partner
Date:
"CITY"
CITY OF CUPERTINO
By: Ax"�k
Its: Mayor
Date:
APP OV AS TO FORM -
C ty A torney
ATTES
SQ - C ty Clerk
w8V061.R3 -4 -
08/13/91
w1.wrwRw..o $g*wWw .nny«w ww-yn¢ •o^o. ronwn Nr. �
J O� co $$ry v=e«i 7�e N = M�w •i rt. * r^m 'i��w� i�neo � m.: �iQY`. ^^ a•• .h «gs n
""Pl i, =8r^: -: ii.. i�= " sn�om �'^w iCn •1 '�o�
r«. n m Qr n'. f nQ w.- O N N W« e . w w w
$iia. 0$ap irs�n %$noi w��ii Tam o'a.. Riw.ne iopt
r
�p n«.*w _-.fn e._.. oeeon .n-..o -o-«N rQ n- ..or pop Owgqswm e*nwh rrnvn -o-r. o«n
W r�_� ...N.^- nn AAI. Zi:iZ wit' Sii a epn's^oo �n•.n $��
� �p w-wnr r�..o nnr.w .Nwnp o..-n eN.«_ .«..- n.woN wwNnn «orae ..**o •rwo..
_«
RYIwo SB 8:i:a '.§:i I�R =:"fid$ :apoe am* :
...o.. r..... ...w• v
m= ««X^e ':r=o :$.: 7:�R :��� i,a$ Msw-ai C^.II:? :?��o Y�nni ie-
-
f.-..o. AnOONO.. ..«nOO po.I• IO wrli.i r a----
m 4nw n
O�^�-n rR
o A_��Aryw� ��pp •88OnI„s.,
O -
n0 OOl-Om_E El! 22m g.=-:werew 2o2-.O.2. :_ *.A.f .M...:-w wry.wr ♦Nn-O for-w .O2
n
-
w Y-- - _ Y o
.0"0. ...00 -..D. ..me- 00" w h Y-. .. n. w ..... w. h n D . w v
a3R Raz �2�a $$3�a :3$3: 5,3ic: ::3aF $$":; Y::e3 $I:oR
.en.e errs s.n*w eve«. N ser e.w.r f-.«n o-.Nw N.w-" re-e• he..c rens. ..e
L Wk��_x R�=x_ gx 3i31e :$iii 5:::a ::$i 3h$$: ?Hit 8$: � iie:3 x$$�: e$
�F— n
� wNnO .w.mwe.-. pr.-m rwr*sO coo
ap=wgg U5S^nqZm 0 irz _inii-aaa�. C �w
^�..- r11Se^ w:lwi. Qo I*S.C. -iiia -.N.. *roes -0000 •erawNQ-p-
U) rf� N ii n i. N n--^_g A--'--- W i�i-n �oioi �ia.o ir��i w.I.�wn �ioiw nsi•�rx IhioiG hiaEo �KT.
f _ me
WW .wvN. ..won n_ Q n--n- -Ne.. Ne.nO wo-.f rvwva wre w_.r..*.00. ..._. ny-
W w nn- ^r. l��wppww r-r . Iv g -g .Q .n w ss s QQ
se z=x%: an$w if Finn soo?o ioiei iit►�i i$'�se is-=n:. �i iw wwiaS ==iH .�iog .K$
WW Cp weown ._.w♦ .NN./ Z -e-wn N«/«* vw. gw- *-..� ♦.c.0 Ow... ..... ...n. sw«�. woe
® NW h «« Rx ' .-/`.wf�.g F 3��n o ioo�`FI $doii 0220F oi121a iin�R.Nr. �Sl�e.� i-^.i�Si i.'w. iz "�iil 1ie-.0
7 ap --ww srs f{.•Nr_w- YI. t/1.N.4- P ra'.- .«_.O ...no wr.no Swo w-wws w_esno nNnoh 4. YNn
i W C a=inX iYf`Eawhw-Ii W $ A iao o w�a ii �°� �iss� Si=�� .fiw .= �iim iovoo T. ssow wni
r V
-.wNO.g .....
...... ..... coos" 00-0. w«w*- o1-e. .-one wnn
to N ►$ AR �A ^MN "e71R1I f«ooZ 32229 $oNat ii
IMPROVEMENT AGREEMENT
• A G R E E M E N T
10700 N. DEANZA BLVD.
APN 316-2-101,316-2-97
This AGREEMENT made and entered into this e day
of Avr.,w wt , 19 by and between the CITY -,F
CUPERTINO, a municipal corporation of the State of California, hereinafter
designated as CITY, and CUPERTINO GATEWAY PARTNERS, A GENERAL PARTNERSHIP
hereinafter designated as DEVELOPER.
W I T N E S S E T H
WHEREAS, THE DEVELOPER has made application to the CITY for a
PARCEL MAP - BUILDING PERMIT
to construct and maintain a COMMERCIAL BUILDINGS
hereinafter referred to as "Project".
WHEREAS, CITY hereby approves the improvement plans and specifications
for all onsite work outside of public right of way and five (5) feet
outside of building envelopes prepared for the Project by KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.; a true copy of which improvement plans
and specifications are on file in the office of the City Engineer of
Cupertino; and
WHEREAS, the same are incorporated herein by reference, the same as
though set out in full;
NOW, 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".
1
File: 51,874
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby
established the amounts of Bonds, Fees, and Deposits as set forth in the
following schedule:
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond:
N/A
PART B. Labor and Material Bond:
N/A
PART C. Checking and Inspection Fee:
ON-SITE FORTY THOUSAND NINE HUNDRED SEVENTY TWO DOLLARS AND N0/100
$40,972.00
PART D. Indirect City Expenses:
N/A
PART E. Development Maintenance Deposit:
ONE THOUSAND DOLLARS AND N0/100 $ 1,000.00
PART F. Storm Drainage Fee:
N/A PAID IN 1977
PART G. One Year Power Cost:
N/A
PART H. Street Trees: By Developer
PART I. Map Checking Fee:
TWO HUNDRED TEN DOLLARS AND NO/100 $ 210.00
PART J. Park Fee:
N/A
PART K. Water Main Reimbursement Fee:
N/A
PART L. Maps and/or Improvement Plans
As Specified in Item #18
PART M. Housing Mitigation Fee:
TWO HUNDRED FIFTY THOUSAND DOLLARS AND N0/100 $250,000.00
To be paid upon occupancy of the first 390,000 Sq. Ft.
of the project floor area (See Paragraph #20)
2
NOW, THEREFORE, IT' IS HEREBY MUTUALLY 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 complete the Work in conformance
with condition 26 of 11-U-90 and Section 9, 10 and 11 of Resolution
1629, or such longer period as may be specifically authorized in
writing by the City Engineer. In the event the DEVELOPER fails or
refuses to complete the Work within the specified period of time, the
CITY, at its sole option, shall be authorized to complete the Work, in
whatever manner the CITY shall decide. In the event the CITY
completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER'S surety or both.
B. The DEVELOPER shall install and complete the Work in a good and
workmanlike manner in accordance with the plans as approved by the
City Engineer of Cupertino. The Work shall be dune in accordance with
existing ordinances and resolutions of the CITY and in accordance with
all plans, specifications, standards, sizes, lines, and grades
approved by the City Engineer. The Work shall be done in accordance
with all State and County Statutes applicable hereto. The decision of
the City Engineer shall be final as to whether any material or
workmanship meets the standards, specifications, plans, sizes lines
and grades as set forth.
C. It is further agreed that the Work shall be done in accordance
with the most current Standard Specifications of the Department of
Public Works, California Department of Transportation, State of
California, and in 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 ment_oned, 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 commencement of any
excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed
that the DEVELOPER shall notify the City Engineer of the exact date
and time when the proposed excavation is to commence.
3
3. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary
direct expenses for inspection, checking, etc., incurred! by CITY in
connection with said Project, and that DEVELOPED shall have deposited
with CITY, prior to execution of this AGREEMENT, the amount as set
forth herein at Page 2 (Part C. ) . Should construction cost 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.
4. 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) .
5. MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY,
prior to execution of this AGREEMENT, for office checking of final
map and field checking of street monuments, in compliance with Section
4n1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set
forth herein at Page 2 (Part I) .
6. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior
to execution of this AGREEMENT, the amount set forth herein at Page 2
(Part E) as a development maintenance deposit to insure proper dust
control and cleaninc, during the construction period. The development
maintenance deposit may be utilized for repairs of defects and
imperfections arisi.�q out of or due to faulty workmanship and/or
materials appearing it. 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 ^omplete the required repairs to the entire
satisfaction of the r=Y, the unused balance will be returned after
the release of the surety bond or other security permitted under
paragraph 5.B.
7.STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY,
prior to execution of this AGREEMENT, 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) .
B.WATER MAIN EXTENSION DEPOSIT
The DEVELOPER shall enter into an agreememt with Cal Water to provide
whatever facilities are required for the project.
4
9.ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY prior to
execution of this AGREEMENT, the amount as set forth herein at Page 2
(Part G), which amount reprejents the power cost for street lights for
one year.
10.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.
11. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER shall maintain the Work until
all deficiencies in the Work are corrected to conform to the Plans and
the City Standards and Specifications for the Work. The DEVELOPER
shall, upon written notice thereof, 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.
12. 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
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 15 above has been filed.
13. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon
execution of this AGREEMENT, substantial evidence that all provisions
of Section 66493, Article 8, Chapter 4 of the Government Code,
pertaining to special assessments or bonds, have been omplied with.
14. CENTRAL FIRE DISTRICT
It is further agreed that the DEVELOPER shall file with the CITY, upon
execution of this 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 inatallation and five (5) year rental fee
of said hydrants.
5
15. PACIFIC GAS AND ELECTRIC/PACIFIC BELL
It is further agreed that the DEVELOPER shall pay to Pacific Gas and
Electric Company and/or to PACIFIC BELL Company any and all fees
required for installation of overhead and/or underground wiring
circuits to all electroliers within said property and any and all fees
required for undergrounding as provided in Ordinance No. 331 of CITY
when DEVELOPER is notified by either the City Engineer or the Pacific
Gas and Electric Company and/or PACIFIC BELL Company that said fees
are due and payable.
16. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work
by the DEVELOPER or his contractor and continuing until the completion
of the maintenance of the Work, the DEVELOPER shall indemnify, hold
harmless and defend the CITY from and against any or all loss, cost,
expense, damage or l:Labili.ty, or claim thereof, occasioned by or in
any way whatsoever arising out of the performance or nonperformance of
the Work cr the negligence or willful misconduct of the DEVELOPER or
the DEVELOPER'S agents, employees and independent contractors, except
to the extent any of the foregoing is caused by the negligence or
willful misconduct of the City or the City's agents, employees and
independent contractors.
17. 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, agenti
and employees of the City individually and collectively, as insureu.
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 aodily
injury and property damage insurance must be or, 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 officer.e, agents, and
empi:)yees 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-7" in accordance with ABAG
policies.
A. Each of said policies of insurance shall provide coverage in the
following minimum amounts: For bodily injury, $100,000 each person;
$300,000 each occurrence, property damage, $50,000 on account of any
one occurrence with an aggregate limit of not less than $200,000.
6
B. The DEVELOPER shall file with the City Engineer at or prior to
the time of execution of this AGREEMENT by the DEVELOPER such evidence
of said foregoing policy or policies of insurance as shall be
satisfactory to said City Engineer. Each such policy or policies
shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days
advance notice thereof.
C. In the event that the Project covered herein should be mutually
situated in or affect the area of jurisdiction of a separate
municipality or political subdivision of the State of California, the
policies of Insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth
herein and above for the protection of the CITY shall equally apply to
municipality and political subdivision.
18. MAPS AND/OR IMPROVEMENT PLANS
It is further agreed that the CITi' shall obtain the fo•.;owing map
and/or plans at the DEVELOPER'S expense:
A. A mylar sepia and seven (7) prints of fully executed parcel
map.
B. A inylar sepia and ten (10) prints of fully executed
improvement plans.
C. A direct duplicating silver negative microfilm aperture
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
2 .
19. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors,
successor, assignee and transferees of the DEVELOPER. The assignment
of this AGREEMENT shall not be made without approval by the City
Council of the City of Cupertino.
20. HOUSING MITIGATION FEE
It is further agreed that the Developer shall pay to the City the
housing mitigation fee in the amount set forth herein at page 2 (Part
M) . Saf.d fee shall be paid by the developer promptly following the
date upon which Three Hundred Ninety Thousand (390,000) square feet of
project floor area is occupied. City has informed developer that City
shall place such fee in a "Housing Mitigation Fund" to help underwrite
shelter costs for households in which one or more members work within
the City community and in which the total household income does not
exceed 67% of median income, as measured by State and Federal Income
guidelines. If said fee is not spent by the City within five (5)
years after it is paid by the Developer the City shall refund such
fee, or the remaining portion thereof, to the developer.
7
10
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the
City Council and said DEVELOPER has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CUPERTINO:
Approved as to form:
r
Mayor
ty Attorney i ���,1 ity Clerk i
DEVELOPER:
SEE SIGNATURE PAGE ATTACHED
Notary Acknowledgment Required
Exhibit A Attached
8
ALL-PURPOSE ACKNOWLEDGMENT NO209
State of California CAPACITY CLAIMED BY SIGNER
Count of ❑ INDIVIDUAL(S)
Y Sang► Clax°.a
t ❑ CORPORATE
On Aug. 14, 1991 before me, Phyllis Yamasaki, Notary Public OFFICER(S)
DATE NAME,TITLE OF OFFICER-E.G..'.JANE DOE.NOTARY PUBLIC' TITLES)
John Michael Sob.raro [IPARTNER(S)
personally appeared ❑ ATTORNEY-IN-FACT
NAME(S)OF SIGNER(S) 9TRUSTEE(S)
personally known to me-OR- [Iproved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the persons whose name* is/aFe
subscribed to the within instrument and ac.- ❑ GUARDIAN/CONSERVATOR
knowledged t0 me that he/sb@44ey executed ❑ OTHER.
OFFOA SM the same in hisMvrlthvr authorized
PHYLLISYAMASAIG capacity(ie_sj, and that by his/herOhe}t`
Notary-Conform® signaturets: .on the instrument the person(,
SAM.A ClARA CC''MY
My ortheentity upon behalf of whichthe person(- SIGNER IS REPRESENTING:
Janumy24.1992 acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(ES)
n
Witness my hand and official seal. the Joh Michael
Sobrato 1985 Separate
Property Trust,
General Partner
SIGNATURE OF ARY
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document_ Agreement
MUST BE ATTACKED Number of Pages eight Date of Document
TO-THE DOCUMENT g _.-.
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Bob McIntire. Directs ACI
0 1991 NATIONAL NOTARY ASSOCIA'i ION•8236 Remmet Ave.•P.O.Box 7194•Canoga Park.CA 91304-7184
OWNER:
CUPERTINO GATEWAY PARTNERS,
a California general partnership
By: ACI REAL.PROPERTIES, INC.,
a Delaware corporation
Its: General er
By
Its
By: SOBRATO DEVELOPMENT COMPANY
#91 alifonnia general partnership
Its: General
By 11&\.'.O�
jonnymienael so a o, Trustee under the John Michael Sobrato 1985 Separate
Its ��i-l�i� ►2 Property Trust
STATE OF CALIFORNIA )
ss .
COUNTY OF SANTA CLARA )
On August 13, 1991, before me, ELAINE E. MANZANILLA, a
Notary Public in and for said State, personally appeared
ROBERT C. McINTIRE, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or
the entity upon behalf of which the person Gcted, executed
the instrument .
I N S m hand and official se;-i-I . }
ICIAL SEAT
WIEI:aoi�in'e E. ManzanillaPUBLIC'-CALIFORMA co ignature -`
r'3
(Seal) l,.
a e " aEl
1 uE oATE(NAM/Dt�/YY)
OS�O®/91
OP
PRODUCER
THIS CERTIFICATE i3 t9BUED AS A MATTER OF INFORMATION ONLY AND CONFERS
I NO MG04TS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Ho 1 temann, Ord & Smith EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. H a z 4409
Petaluma CA 94955-4409 J COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER NEW HAMP SH I RE I NSURN
COMPAN'V `�
INSURED ®LETTER. �e
Rudolph & Sletten, Inc. COMPANY
P.D. Box 4637 LETTER v �
Foster City, CA 94404 COMPANY
LETTERCOMPA
LETTER l
A
COVE
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHS'ANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY A
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES. m
0
CO POLICY Ef_ECTIVE PCL:CY EXPIRATION
LTR TYPE"r-INSURANCE POLICY NUMBER DATE(PIWOCmI DATE(MWDDN'0 ALL LIMITS It T14OUSANDS
GENERAL Lln'dILITY c7SI J GcNE Ai AGGREGATE $ , u
COMMERCIAL GENERAL LIABILITY PROOuC'S-00vP,On AGGREGATE $ 2. 000
�� 7-�^�{ a
CLAIMS MADE ( -- cOCCLAREVCE PERSOkAi B ADVERTISING tNJiJRY $ ,
Lw
O1,NNER S&CONTRACTORS PROTEC1!1i cACr+ 3'.CVARF Cf $ i, O00 B
`r
� f(RE GARAGE tANY ONE FIRE} � $ SO �
m
MEDICAL EXPENSE(ANY ONE PERSON) $ W
6
AUTOMOBILE LIABILITY 07 o
ANY AUTO CSL $ 1, 000
ALL OWNED AUTOS BODILY
INJURY
SCHEDULED AUTOS {vER PER504)
HIRED AUTOS BGD(LY -
IINJURY 4
(PER I
NON-OWNED AUTOS ACCIDENT) 1$ s
GARAGE LIABILITY �—
`DAMA,iY
DAMAGE
EXCESS LIABILITY - EACH AGGREGATE
GCCURRtrICE
OTHER THAN UMBRELLA FORM , $ $
y+� STATUTORY am
WORKERS'COMPENSATION
$ 1, 000 (EACH ACCIDENTI o
0
EMPLOYERS' `i'7� (DISEASE POLICY LIMIT) F
z —_ 000 {DISEASE EACk EMPLOYEE) a
> BOTHER Le
3 �
a
ya
s
3 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
ft RE: R&S PROJECT #19040 APPLE R&D FACILITY
Z THIS COVERAGE IS PRIMARY
ADDITIONAL INSURD PER THE ATTACHED
11111S SHRUNMYHV E- Y _AIDCL. Y S.
� e s
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL o
CITY OF CUPERTINO MAIM DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE s
10300 TORRE AVE. LEFT, `
CUPERTINO, CA 95014
AUTHORIZED R SEN TI
i1b E
0
� �, 25•S 01/85)
- �F - 4` .'# ♦'y`) 'av _i'c}�wt � Ry 41 W ay ._C � 'Y.
tNSURTD: RUDOLPH & SLETTEN
POLICY NUMBER: CP09662813 COMPERCIAL GETMAL L I AB I L.I TY
T► 1S ENDORSEMENT' CHANGES THE POLICY. PLEASE. READ IT CAREFULLY.
ADDITIONAL INSURED — ONh€ERB, LESUES, OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF CUPERTINO, MEMBERS OF THE CITY COUNCIL
INDIVIDUALLY AND COLLECTIVELY, AND THE OFFICERS
AND AGENTS AND EMPLOYEES OF THE CITY OF CUPERTINO,
INDIVIDUALLY AND COLLECTIVELY
( If no entry appears above, information required to complete this
endorsement will be shown in the declarations . as applicable to this
endorsement. )
WHO IS AN INSURED (Section II) is amended to include as an insured the
person or organization shown in- the Schedule, but only with respect to
liability arising our of "your work" for that insured by or for you.
CG 20 10 11/85
-------------------------------------------------------------------------
X\ PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS
INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE
;MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY
AND NOT CONTRIBUTING WITH THIS INSURANCE.
CROSS LIABILITY: THE INCLUSION OF MORE THAN ONE INSURED
IN THIS POLICY SHALL NOT AFFECT THE RIGHTS+ OF ANY INSURED
AS RESP9ECT$ ANY CLAIM, DEMAND, SUIT, OR ,,JUDGEMENT MADE OR
BROUGHT BY OR FOR ANY OTHER INSURED. THIS POLICY SHALL
PROTECT EACH INSURED .IN THE SAME MANNEk AS THOUGH A SEPERATE
POLICY HAS BEEN ISSUED TO EACH, BUT THE INCLUSION HEREIN OF
MORE THAN ONE INSURED SHALL NOT SERVE TO INCREASE THE LIMIT
OF THE COMPANY'S LIABILITY.
CO 20 10 11 85
HOS 5/89 h'
w p
__n i y IS811E OATS(MAtIDOJYYj
•: 4 ,;to
�fr
PRODUCES THIS CEfiTIFiCATf:fS ISSUED AS A MATTER OF INFORMATION ONLY AND
SEDG1fllICK JAMES OF CAUFORNIA,INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
P.O.BOX 76M DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
SAN FRANCISCO,CA 94120 POLICIES BELOW.
PHONE:(415)8$3-5600 COMPANIES AFFORDING COVERAGE
LETTER Y A Federal Insurance Company/Ch-.:bb Group
COMPANY
INSUREC LETTER
CUPERTINO GATEWAY PARTNERS ILE°TMTER Y C
10600 N. DeAnza Boulevard, #200
Cupertino, CA 95014 LET ER Y D
COMPANY
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER D'J:UMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Co POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YV) DATE(MMIDDIYY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $1,000,000
CLAIMS MADE X OCCUR. 3529 9960 07/12/91 07/12/92 PERSONAL&ADV.INJURY $1,000,000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000
X Designated Premises FIRE DAMAGE(Any one fire) $
_ MED.EXPENSE(Any one person) $ 10,000
AUTOMOBILE LIABILITY
COMBINED SINGLE $
ANY AUTO LIMIT
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
AND
EACH ACCIDENT $
DISEASE--POLICY LIMIT $
EMPLOYERS'LIABILITY
DISEASE—EACH EM-LOYEE $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLMSPECIAL ITEMS
THIS CERTIFICATE IS ISSUED AS EVIDENCE OF INSURANCE ONLY AND REPLACES
PRIOR CERTIFICATE ISSUED 08/15/91.
C tttLATtR6YD ,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
THE CITY OF CUPERTINO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
10300 TORRE AVENUE MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CUPERTINO, CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHO/ O REPRESENTATIVE 10
%
y��,�
✓f'i'�,", -�� � . ^T Yet".` .Tv{ia
08/22/1991 14:13 FROM SICK JAMES 6TH FLOM TO E114082529M P.02
r
Commercial General uabilit
Insurance
Amendment eam-ti" 1/12/9,
ADDITIONAL INSURED—STATE tart F LITICAL
WHO is SUBDIVISION--FERMrrS
INSURED The WHO IS INSURED provision is amended to include as an
insured the stag or political subdivision designated below subject
to the following provisions.
I. This insurance applies only with respect to operations
Performed by you or on your behalf for which the state or
Political subdivision has issued a permit.
2.This iansurame does not apply to oily injury or property
dsrnRge. personal injury or advertising Wary
a. arising out of operations perf coned for the state or
^ municipality,- or
b. bodily injury or property damage included within the
rikoducts—completed operatiow barard.
DESIGNATION OF STATE OR POLITICAL SUBDIVISION
T= CITY OF CUPERTINO, ITS Al , OFPICMS
AM CIT'!C COM Crs "MMS MW II+,DIVIDUALZY
Al® CDTJJXTrVHLy.
All other toe and conditions remain unchanged.
Named Insured:
Policy► Number: C[1MMINO GRTl IKY PARTMS
Producer. 3S29 99 60
- - s8D6NICRMON O'F CALIFORNIA.., 1RC®
6AR FBA14C.'I8C01 CA
8/22/91 /
KI
page 1 of 1
Farm 40-02•2053-A(Rev.3461 =9 UIE3113
CU?e
U � O
(� P
1 F O VL
10300 Torre Avenue Cupertino, CA 95014 (408) 2524505
Memorandum
DATE: September 4, 1991
TO: City Clerk
FROM: Public Works--Sumi
SUBJECT: City Council--August 19, 1991
Apple Computer Project
------------------------------------------------------------------
Submitted are the following items associated with the Apple
Computer Project at 10700 No. De Anza Boulevard:
Three sets of agreement between city and Cupertino Gateway
Partners.
a. Certificate of Insurance, 8/21/91
Insured: Cupertino Gateway Partners
b. Certificate of Insurance, 8/8/91
Insured: Rudolph & Sletten, Inc.
Please forward a completed copy of the agreement to:
Jacki June, Project Manager
Development, Design and Construction
Apple Computer
10061 Bubb Road MS: 53-C
Cupertino, CA 95014
sm
attach.
CiN Of CuPtf'ti"O
d
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: 1408) 252-4505
DEPARTMENT OF THE CITY CLERK
September 6, 1991
Jacki June, Project Manager
Development, Design and Construction
Apple Caqxiter
10061 Bubb Road MS: 53-C
Cupertino, CA 95014
IMPROVEMENT AGRF I' - 10700 NORTH DE ANZA BOULEVARD
We are enclosing to you for your files one (1) oaply of the Agreement by
and between the City of Cupertino and Cupertino Gateway Partners, a
General PartnershiP, which has beer. fully executed by City Officials,
along with one (1) copy of Resolution No. 8479, which was enacted by the
City Council of the City of Cupertino, at their regular meeting of Monday,
.kiugust 19, 1991.
Si.ncegreell ,
-CJ I
DOR01HY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/sc?
encl.
cc: Department of Public Works
r
•. •.` m• - :r 1 ;�� .• ter'. • :1 T 11 •
:97-
•
so q
it
LTKOP
P
a y� I • -
��U
l
LION ND. 8479
EXHIBIT "A"
SOMMIE CF BOND, FEES, AND DEPOSITS
DEVELM*2W: COMMERCIAL
CUPERTINO Gh7EWAY PARMGM
IOCATICN: 10700 NCRIH DAM BOULEVARD
A. Faithful Performance Bond: N/A
Pa. Labor and Material Bond: N/A
C. Checking and Inspection Fee: CN-SITE $40,972.00
FUMY THOUSAND NINE HU IIYM SEVENTY TWD AND 00/100 DOUARS
D. InAirect City Eases N/A
E. Development Iftu tenance Deposit: $ 1,000.00
CNE THOUSAND AMID 00/100 DOLLARS
F. Storm Drainage Fee: N/A
Paid in 1977
G. One Year Power Cott: N/A
H. Street Trees: By Developer
I. Map Caking Fee: $ 210.00
TWD HUNERM TEN AND 00/100 DCLIAR.S
J. Park Fee: N/A
R. Water Main Reimbursement. Fee: N/A
L. Maps and/or IuiptMem nt Plans: As specified in
Item No. 18 of agremaent
M. Rousing Mitigation Fee: $250,000.00
TM H MIM FIFTY T=JSAND AND 00/100 DOLLARS
Tb be paid upon ocm4mcy of the first 390,000 sq. ft.
of the project floor are (Paragraph #20 of agreeaent).