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90-008 Stevens Creek/Cupertino Associates; Improvement Agreement; APN #326-32-43; Resolution No. 8089 AGREEMENT 11234 BUBB ROAD APN 1362-06-035 This AGREMENP made and entered into this ifs') day of 177) , 19 f a , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as may, and ELVER BUXTON AND D'LEE BUXTON hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELMPER has made application to the CITY for a PARCEL MAP to construct andmaintain a DEVELOPMENT FOR SINGLE FAMILY DWELLINGS hereinafter referred to as "Project." AMEBAS, CITY hereby approves the improvement plans and specifications prepared for the Project by NELSEN ENGINEERING a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and SAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEEECRE, 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." File #51,884 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:---. • TWELVE THOUSAND SIX HUNDRED DOLLARS AND NO/100 $12,600.00 PART B. Labor and Material Bond: _ ---- - -TWELVE THOUSAND SIX HUNDRED DOLLARS AND NO/100 $12,600.00 PART C. Checking and Inspection Fee: _ _ -- SIX HUNDRED THIRTY DOLLARS AND NO/100 ' $ 630.00 PART D. Indirect City F nses: NINETY FIVE DOLLARS AND NO/100 $ 95.00 PART E. Development Maintenance Deposit: ONE THOUSAND DOLLARS AND NO/100 $ 1,000.00 PART F. Storm Drainage Fee: SIX HUNDRED NINETEEN DOLLARS AND NO/100 $ 619.00 PART G. One Year Power Cost: N/A PART H. Street Trees: By Developer PART I. Map Ghedkirrg Fee: TWO HUNDRED TEN DOLLARS AND NO/100 $ 210,.00 PART J. Park Fee: Zone II 1/480-0000-416-022 TWENTY ONE THOUSAND DOLLARS AND NO/100 $21,000.00 PART K. Water Main Extension Deposit: N/A PART L. Nape and/or Improvement Plans: As Specified in Item 23. NCH, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, W 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 dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this 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 the DEVELOPER'S sole cost and expense, to the city: (1) A preliminary title report issued by a title insurance many relating to the property offered for dedication. (2) A standard�,a,a,acu p01 Cy of title insurance issued by a title insurance 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 ICRC 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 the DEVELOPER fails or refuses to complete the Work within the specified period of tine, 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 frau the DEVELOPER or the DEVELOPER'S surety or both. B. The DEVELOPER shall install and =pieta the Work in a good and workmanlike manner in accordancewith 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 Departhent 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 wards "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as • referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that 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. QUIDS aTr r DE D It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 5. ElcNCS AND CTEER SECURITY A, Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance band 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 to be made under. this AGMTEREHT. 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 fun payment of all labor and materials required to construct said improvements. The amount of said bands 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 arra by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEENT, or to make any payment, or any dedication of lard, 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. • 9. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVE[OPER shall pay to the CITY, prior to execution of this AGREEMENTL the amount set_forth herein at Page 2 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 payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c) . C. She 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 band. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMEKP, or to make any payment, or any dedication of lard, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of • deposit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the CITY. 6, CSEQOIK' 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, aid that DEVELOPER shall have deposited with CITY, prior to execution of this AGREE2e12, the want as set forth herein at Page 2 (Part C) . Should construction cost vary materially frau the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due endowing as a result thereof. 7. INDIRECT E7LPENSFS It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amotiunt as set forth herein at Page 2 (Part D) . 8. MAP CHECK= FEE • • It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final nap and field checking of street aarnments, in compliance with Section 4:1 of nrrli nanra Mn_ A7 /Aav4 earl 1 of/ne/e1% ..P err • 14-A. PARK FEE ADJUSTMENT PROVISIONS The value of the land used in establishing the "Park Fee" outlined herein an Page 2, Part J, requires formal confirmation. The CITY shall employ a qualified local appraiser to provide a market value of the land. The City will calculate the "Park Fee" based an the appraisal . The Developer agrees to pay for any deficiencrwithin thirty. (30) days and the City agrees to refund overage within thirty (30) days. Adjustments shall be made prior to acceptance of the subdivision improvements. 15. MAINTENANCE ANCE OF WDPK • 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 CLTY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this ACREEHENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has enteredinto a separate ACREEMEv'T 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. 17. GOVERNMENT CODE • It is further agreed that DEVELOPER shall file with an, upon execution of this AGREMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to • special assessments or bands, have been complied with. 18. CENTRAL FIRE DISTRICT • • It is further agreed that the DEVELOPER eha11 file with the CLTY, 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 'r-+31n im with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with ' said District to insure installation and five (5) year rental fee of said hydrants. • • 19. PACIFIC GAS AND =C./PACIFIC BELL • • It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC HELL Company any and all fees required for installation of overheador underground and/ wiring circuits to all electroliers within said property and any and' all fees required for - • un a grout iM -, as provided in Ordinance No. 331 of CTl'Y, when DEVELOPER is notified by either the City ;neer or the Pacific Gas and Electric Company and/or PACIFIC SELL Company that said fees are due and payable. •7 20. EASEMENTS AND RICET-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in aHAition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 21. FOLD 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 Qmisc misconduct of the DEVELOPER or the DEVELOPER'S agents, emp oy� aid independent contractors. 22. INSURANCE ' It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy .of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. 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 and indivldnally and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. • A. Each of said- policies of insurance shall provide coverage in the following minimus amounts: For bodily injury, $100,000 each person; $300,000 each ocai re ce, property damage, $50,000 on accaint 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. • • 23. MAPS AND/OR IMPROVEMENT FLANS 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. C. A direct duplicating silver negative microfilm armature card of . all executed improvement plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferrees of the DEVELOPER. The assignment of GREEl+ this AD:NT shall not be made without approval by the City Council of the City of Cupertino. GENERAL ACKNOWLEDGMENT NO.201 lZ .Cr !1Jl./JJJlJ!/l/!!!!Il/osc!-cc.cc_/!!!!!/Cc..os./!!!I!!.././././//tJ-SII/lIIIl1!!./!!!JJI/!!JI./.r-cr.../.11 N State of .� On this the�1��day of L�� � 19,- ,before me, 0 } SS. ti County of y / afire''e ave, i z- � hthe undersigned Notary Public,personally appeared� ay /-04/ A , LIDit /D.r2 dncl Jhec A 0 personally known to me a ti '1-9ccsccscc� s�cts ;�,.�essxsc�cscrv,c� proved to me on the basis.of satisfactory evidence a, to be the person(s)whose name(s) ogeet subscribed to the ti `, :...4.72,1 OFFICIAL i?iAL 2 1 Doroth •Marie Cornelius "S�, ''- NOTARY yPManBLIC within in u ent,and acknowledged that A�' executed it. CALIFORNIAC LWor, WITN S m hand and official seal. /J V. SANTA Ces SeAp COUNTY2 ,`� �7 ///�.�.�—� 2 My Commission Expires Sept: 18, 1992 `//i/y (/ N 7.06,..06.,04-,0 csccacGczseND“Dcc�c Nsa P' 1 of ry'sSignat - - JJ.11Jl/-llJ1J.lJ t fl1O !/ k.1 •Pu llllc Wn 4l r 1J!!//R& -min inn uennuel unieoV eCCMInTIVJ•-YMM9 Vemnm Rlvrl •an Rnv AB9R•WrvWland WI* ra maRe — . • • IN WEIMAR WHEREOF, CITY has caused its name to ba hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Cotmcil and said DEVELAPER has hereunto .caused his name to be affixed the day and year first above written. CITY OF COPE TNO: Appzoved .as to form:. 5%0 /2,a Mayor City Attorney dOr st City Clerk r IEVELOPER: Notary Acknewleigment Required 0.4 // r. . MDIllimb ; CERTIFIC-NrawF INSURANCE ` i A4 ^ ' '95°E°"TE`""M°°"" .- ++ n zit'e „ • t , 2/12/9 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, JOHNDROW, LEVERONI & ESPLUND, INC .EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 700 So . Claremont St. , #110 San Mateo , CA 94402 COMPANIEES pgId ENOppp IINNG COVERAGE (415)344-5100 AMEDED ~ • COMPANY A LETTER AETNA LIFE & CASUALTY CODE SUB•CODE COMPALETTERNY B FREMONT COMPENSATION INSURED PUBLIC-WORKS TERRY BROWN CONSTRUCTION LETTER COMPANY C CO. , INC . COMPANY p ‘FEB-1 4 1990 21721 Granada Ave LETTER Cuperinto , CA 95014 COMPANY . LETTER E L'COYERAG.,c >' .. • .* `k`eln+ $ W;n 0:,` ''3io 'aw. ..a^�' ,.,. U,Mr:2p.W.,-;1"d'S9'";, 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 REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE WM/ODM) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 000 , A X COMMERCIAL GENERAL LIABILITY 05 ACM 5488309 4/1./89 4/1/90 PRODUCTS-COMP/OPS AGGREGATE $ 1t 000:: CLAIMS MADEn OCCUR. PERSONAL&ADVERTISING INJURY $ 500,_ X— OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,_ FIRE DAMAGE(My one lire) $ 50,_ MEDICAL EXPENSE(Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED ANY AUTO LIMIT SINGLE $ A FJ 906594 4/1/89 4/1/90 500, ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOSBODILY _X_ INJURY $ _x_ NON-OWNED AUTOS (Per accident), GARAGE LIABILITY PROPERTY f$ DAMAGE EXCESS LIABILITYEACH AGGREGATE A 1 05 XS 587465 4/1/89 4/1/90 OCCURRENCE $ OTHER THAN UMBRELLA FORM l 1,000, 1,000, STATUTORY B WORKER'S.COMPENSATION W?89-467907 4/1/89 4/1/90 AND $ L0200, (EACH ACCIDENT) $ 1 ,1.09, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS Job: 12 TM 89 CERTIFICATEHOLDER' '"• ...• .§ " At - I ` ;=xi , -•"VriCANCELLATION - ` ` "' ' - '. CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY Torre Ave. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SlRNA1A5PLxO 10 , MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino , CA 95014 LEFT, BLIFOEddDi➢B CIOCIUNDC9nO1{7mIITICESfiXLKXtH19 COEIXSX ONXfldX Attn: Levenia Millar xMEMIKO KXMIO OM 4 COMM ^r: : QxEamEMvJsrceMxxxx AUTHORIZED REPRil • TATIVE/ • - or ACORD_25-S (3/88) •= '` / -' ©ACORD CORPORATION 1988 C/ Afire .."':- - ( 05 ACM 5488309 - . • POLICY NUMBER: ' COMMERCIAL GENERAL LIABILITY r _ter, ` THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. s' ADDITIONAL INSURED-OWNERS, LESSEES or ' _ _ -,CONTRACTORS (Form A) - - Y iF 1 f 1.`. r! 1.f tFt. ' _ { • This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART.. SCHEDULE Name of Person or Organization (Additional Insured): • Location of City of Cupertino , individually and collectively, Covered Operations and the officers , agents and employees of the 12 TM .;:89 City individually and collectively • Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ • Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called "additional insured")shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s)at the site of the A. "Your work" for the additional insured(s) at covered operations has been corn- pleted; or the location designated above, or (b) That portion of "your work" out of B. Acts or omissions of the additional insured(s)perviwhich the injury or damage arises has in connection with their general supervision been put to its intended use by any of "your work" at the location shown in the person or organization other than an- Schedule. other contractor or subcontractor 2. With respect to the insurance afforded these addi- engaged in performing operations for tional insureds,the following additional provisions a principal as a part of the same apply: project. A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property damage" except exclusions (a), (d), (e), (f), (h2), (i), arising out of any act or omission of the and (m), apply to this insurance. additional insured(s) or any of their em- B. Additional Exclusions. This insurance does ployees, other than the general supervi- not apply to: sion of work performed for the additional insured(s) by you. (1) "Bodily injury" or "property damage" damage" to: for which the additional insured(s) are (4) "Property ama g obligated to pay damages by reason of (a) Property owned,used or occupied by the assumption of liability in?contract or or rented to the additional insured(s); agreement.This exclusion does not apply (b) Property in the care, custody,or con- to liability for damages that the additional trot of the additional insured(s) or insured(s) would have in the absence of over which the additional insured(s) the contract or agreement. are for any purpose exercising phys- (2) "Bodily injury" or "property damage" ical control; or occurring after: (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 Copyright, Insurance Services Office, Inc., 1984 0 A STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. On January 26, 1990 before me a Notary Public, within and for the said County and State, personally appeared Rochelle P. Woes sner , known to me(or proved tome on the basis of satifactory evidence)to be the person whose name is subscribed to the within instrument i as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged tome that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. \____.4.. .\\..,,,`� 6ifauir:z amaa as :usasaeac[aaaaresosersaeoeeace c ' $ ..-->.--4---;<:_--0—. ,_ ei>, sHr:::Lt eA,tia= HUDsoPa ,NOTARY PUBLIC-CALIFORNIA NOTARY PUBLIC ;,-• PRiNCIPFL OFF!CE IN S CSANTA CLAR:\COUNTY til UN-A9008My Commission Expires Sept.15 1992 S 6IW ueaf[IASL T2me.eavaaerae.v..e...................S GENERAL ACKNOWLEDGMENT NO.201 rr rr , rrrrrrrrr-rr:rrrrrircrrrrrrrr.�rirrrrrrCcot rvrrrri. .irrrrrirrrrrrrrrrrrrirrrrrrrrr r.^ ��. State of jam: - -- On this the day of •_ -:� 19 before me, County of G +vim ( C�l�f-tii SS #1 ,./ ' / /'/a7,0.P C.oAfie. /US ' the undersigned FIotary Public,personally appeared A/Aeft' TO x+oy n Qee. Tc.),e7a4/ ❑ personally known to me r OCOOCOc0c(9O0O(9NDOO:^. 11.9O(9GatN4x X proved to me on the basis of satisfactory evidence ti, OFFICIAL :SAL g to be the person(s)whose name(s) d'Pc— subscribed to the (w 2 yr Dorothy Marie CorneliusC � within instr ent,and acknowledged that 77 E y executed it. ,✓ NOTARY CLARA COUNTY U WITNEhand nd official seal. `G�/ SANTA CLARA COUNTY ,`� My Commission Expires Sept. 18, 1992 /l$CCt_ J `C9O(SOC LX9Cc9G.G9CCO(9G.(9POO(OOL9O0O0CC - ii�.a%r �/ Notary's Signat Ifs- til -i- i-. AnJJr fr rr rr rr r -r-cc--r rJ>. .1. ?e+?J+1e. i'rrr.+rlr.+�-r a�2a/rr.-r�r .,.r,,... .• ��,.�...,.. -.y.,..o ve,.....e en.d .on u,..AR'C.w,.,.die,.d u�m en aflra C " FAITHFUL PERFORMANCE BOND Bond Number: 1200183 `lJ 1 � Premium: $300.00 t KNOW ALL MEN BY THESE PRESENTS: 1 THAT WE, Elmer Buxton & D'Lee Buxton as Principal and Amwest Surety Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ****Twelve Thousand Six Hundred****************************t` llars ($ 12,600.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated January 26, 1990 with the Obligee to do and perform the following work to-wit: Off-Site Improvements to Buxton Project 11234 Bubb Road Cupertino, CA. NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 26th day of January , 19 90 , (To be signed by Principal Civ V and Surety and acknowledgment.) mag incipal Amwest Surety Insurance Company Surety Byaa_ Attorney-in-Fact Rochelle P. Woessner The above bond is accepted and approved this day of , 19_ IOWbM NUMiBER-- '���0\. AMWEST SURETY INSURANCE COMPANY —�VOID7F-IF -8Y: �1 �y P.O. BOX 4500, WOODLAND HILLS, CA 91365-4500 EQ 16 5 (818) 704-1111 JANUARY 1, 1991 —BOND-NUMBER _ _ - - LIMITED REPOWER ROU ATTORNEY No Power of Attorney-on this forrn I 1200183 shall be valid as to bonds, under- _ ( ) takings, recognizances or other —This rower of Attorney nas oeenwritten obligations in the nature delivered in connection with the To be used only in conjunction With the.tiond_ ' specified herein. ; ,thereof executed on or after said above bond number. P expiration date. Elmer Buxton & .D',Lee Buxton 12,600.00 NAME OF PRINCIPAL: - - PENAL SUM:$ — City of Cupertino . • - NAME OF OBLIGEE: - -- - - - - - - - -- - - This Power.of Attorney may not be used in conjunction with any other power of attorney This Power of Attorney is void if altered or erased.This document is printed on blue paper with black and-red ink.This power of attorney bears a raised seat of'-AMWEST"SURETY INSURANCE COMPANY Only originals of this Power of Attorney are valid No representations or warranties.;regarding this Power Attorney may.be made.by any person.other than an authorized , officer of AMWEST SURETY INSURANCE COMPANY,:and must be;in writing:Questions or inquiries regarding,this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY at the address and telephone number set forth at the top of this Power of Attorney,Attention Underwriting, Department.This Power of Attorney shall be governed by the laws of the State of California.Any power of attorney used in connection with any bond issued I by AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form UN-A1007(REV 2189) All.:other previops power of attorney forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked and',are-of no further force or effect. _:. _ _ KNOW _.._. ALL MEN BY THESE PRESENTS, that.AMWEST SURETY: INSURANCE COMPANY,.A CALIFORNIA CORPORATION, (the "Company"), does hereby make, constitute and appoint ROCHELLE.P. WlOESSNER AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attorney($)-in-Fact,with limited power:and authority for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto if seal is required, bonds, undertakings, recognizances or other written obligations in the,nature thereof,as follows: - • Bid Bonds up to$250,080; Contract, Court&Subdivision Bonds up to$250,000; Small Business Administration Guaranteed Bonds up to$250,000; - License&:Permit Bonds up to.$50000; Miscellaneous Bonds up to$25,000. and to bind AMWEST SURETY INSURANCE COMPANY thereby. This appointment is made under and by authority of the following provisions of the By-Laws of the Company which are now in full force and effect: Article'Ill, Section-7 of the By-Laws-of AMWEST SURETY INSURANCE COMPANY - This Power of Attorney is signed and sealedby facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limitedin the instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings,recognizances, and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president or any vice-president and attested and sealed(if a seal be required)by any secretaryor assistant secretary;or (ii)when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed(if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed(if a seal be required) by one or more attorneys-in-factor agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that thesignatureof any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force andeffect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 7 day of December 19 89 ..r•\ e%! // Gary A.Peterson.President Karen G.Cohen.Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss On this 7 day of December A.D., 19 89 ,personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. e.,e.. OFFCIAL° / / TA J.newxtFv � • Rm+n rwoialneb (SEAL) / t iMncbri era.n L&MOLL!Imo�o��^� Mbiw.ra rrp TnrO Notary Public STATE OF CALIFORNIA, COUNTY OF LOS ANGELES —ss - CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at San Jose, CA. this 26th.day of January 19 90 ( .:;.a_ Y. TY UN-A1097(REV 2/89) c„� ,r Karen G Cohen.Secreta f, LABOR AND MATERIAL BOND Bond Number: 1200183 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Elmer Buxton & D'Lee Buxton hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Amwest Surety Insurance- Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ***Twelve Thousand Six Hundred************** ($ 12,600.00 ) , THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. A January 26, 1990 On before me a Notary Public, within and for the said County and State, personally appeared Rochelle P. Woessner , known to me(or proved to me on the basis ofsatifactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY,and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety,and his own name as Attorney in Fact. Intsumcauautoac::racenceaxaoaueiesscuuaucauu , / •_ , SHAA'!EL RA NAE HUDSON "�' NOTARY PUBLIC-CALIFORNIA ,,� Y.—•. PRINCIPAL OFFICE r;‘1 NOTARY PUBLIC 1 a SANTA CLAPA COUNTY UN-A9008 My Commission Expires Sept.15,1902 gp utunauamutsanautatuuuu tuna GENERAL ACKNOWLEDGMENT NO.201 SI State of �/ % - - On this theZ9 day of •—_sem 1990, before me, ti I. S ,��,�- / SS. JJ if / //�� 1 County of _/ter �n #2a 1/7 4�/. bA2 ( ii ,tne/vtc _, q '; 5 the undersigned Notary Public,personally appeared 0 S �.9. Zox fo,4/ >L lJ �.�e X..4 1/ ti ° OFFICIAL :SAL 0 0 personally known to me 0 8 =- '`' DorothyMarie Cornelius 0 ,� L-proved to me on the basis of satisfactory evidence "I ZNOTARY PUBLIC-CALIFORNIA G o7�C_ subscribed to the ti o " ,;�:: to be the person(s)whose name(s) SANTA CLARA COUNTY ` / o ti My Commission Expires Sept. 18, 1992 . within instrument,and acknowledged that }1'.�ir?1/ executed it. 419“.9G,OB:OBADMNDB,0�Gc00000I.9“9c� WITNES hand and official seal. S/ ti Notary s Signat o 0 • • Labor and Material Bond Page 2 P And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 26thday of January 19 90 dr / (To be signed by Principal P cipal and Surety. Notary acknowledgments required.) Amwest Surety Insurance Company Surety Attorney-in-Fact Rochelle P. Woessner The above bond is accepted and approved this day of , 19 C 6/17/85