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96-105 , (~ty OP CANPBElJ.. DIfi. OF PUBIJC WOlUCS '70 Narda PInt St. r__~ CA 95(XII <a) 866-2150 BNC:RQAaWENT J'I!DID" (Iar___ widda till pIIbIic npaoCll...,.) .... /- / 7 -4-' '-it apr. iD 1% IDClL ,I11W ,- ~No. x.aet. me 96 -1 0 9....~._. q"j"/5" Ah'" nn.. 1/16/96 AW' -. apina ia 6 .... III " . :oJ Cl .... Q :0 " .. ... " Ql en.:: "'''':1 Cl Ql ::I ... Q Ql W .., ClCCl ... Ql Ql ", C Cl Ql :: ~ .c ... .... III .. 10 =.c ::I - Cl . Q Q ....z '" .. .. ;. Ql ..~ U U ...... Qlfo'" - ~ : ... - Ql ~ ~ a ... ::I ... Cl 10 > Cl Q "'.... Q '" C III U =- ...'-< ... "'.. ... Cl e.:E ~.... Co III ~ ....... I: ::I '" =- c QI.... ~ Q III :.;l':: .. .. C"": QI Cl B = c ...", ~ ~ >- 8~ .. Ql 0 I: Cl '" Cl .. 01 o 01 .c ", .. = :-.I 10 ~-= Cl -' 0< ...en ..= u- 01 III .o.l ... ... III 01- .< APPUCAnON - AppUcaIioa iI ....,. ....... far . MJic Warb PenIdt iallllZlldallcl widl r...".... "-""V' CadI, SIaira 11.IM. (AWn..... apira iD 6 _dII if tbc permit iI DCIC iIIucd). A. WOItaddra&ortmcr# San Tomas Area Neighborhood Park (San Tomas School Site) Utility uadllacalioa B. Natme cI wort Pollard Rd & Burrows Rd New Park Construction "" .. c ~ r c s ~ t , " t t t " C. Attadl four (4) ccpia 01 u eqiDeaed dmriq IboIriac tbc IaI:aiaa, CDIIIt ud dial . - 01 ilia waft. 'De dmwiq IbaB .... nAatiaa 01 die 9&~ wort to cziIaiq IUI&cc ud UDIk........ i...toa~"'''''lIIL WIIta "'W".,.,.. ." die CI:J p~P-. - dmwitac becaDela put cI tIaiI pamiL D. AD wort shal1 c:aaform to the Cty'I GIaenI r~~ SIudud ~ ~ ud SIaDdud a:-ruaio6 DaaiII far PabIic WOlD Coamuctioa: tbc GeacraI Permit r....~ IiIIId ell die male IidI; ... die SpIciai PnMIiaM &. dIiI pamit. IiIIed beIaIr. PIiIlIre to abide by dIac c:aaditioas aDd pnMDam -r rauit iD jab 1lau&4IInI ud/or fClllfcialft 01 Pai&htuI Pafozmucc SuIaia ad caaIl dcpamL (See GeDeraI Permit CoaditiollllaDd 2.) P.. A ~Ic appIicatioa fee IDUII., 1-"'" tIaiI~' ....... New Cities Development Group 9781 Blue Larkspur Lane, Monterey, CA 93940 . ~ Name cI AppIic:aDr TeIepAKlac 655-5000 .. II tbia wort bciq doae by the pmpeny oncr at tbcir an ftIIideace1 Ccmpiete ad anach WortaI' Campeuatiaa ad Caatnaar IafonDaIioa farIIIL Ya No , ... [ c ~ ... .... AddreII The Apptic:aIllfPerminee bcftDy..... by UIb:iq tIIci:r Iipanaft 10 dIiI pa'IIIiI to bald tbc Qtyol r...,,-II. ill cmca.. ap:IlU IIDII ~-4lal- lac, sale ud barmIaI fIom aD}' claim or dcmIDd for damapI ~ fJaD da& walt aMred ." mil penDiL The AppIicut/perminec bcftby ac:tIIorIIedpa dIat tiler IIaft sad aDd~~ &be fftlDt aDd bact cI tbia permit. aDd tIIer'lriD Worm dIeir caatrlCtOl(s) of the iJlformariaa. -1'~ V. P. (~ Am:pted Tom Iv1erschel, Director ~'i""",,f<.iANJ~lJ./l6/96 (Appbcal (Pamiaec) pti1JJ/1ip n.rc NOTES: -ALL WORK SHALL CCNfORM WlIH 1HE A1TACIED, APPROVED PlANS AND AU. APPUCABLE CAMPBELL srANDAJm DRAWINGS AND CONDmON5. 1HE CCNTRACI'OR MUST HAVE nus PERMrr AND APPROVED PlANS AT'l'HB srm AND MUST NO'IlPY 11m PUBUC WORKS DEPARTMENT AT l.EASI' 'IWO DAYS BEFORE srAKl1NG WORK. None:!! MUST BE GIVEN TO PUBUC WORKS AT LEASI' 24 HOURS BEPORE RESTAKI1NG ANY WORK. SPECIAL PROVISIONS _1. _2- _3. Streer shal1 DOt be apeD cut for 1IDlk........cI """ac- MiDilDum ClItI awy be .uo.aI for PJOI!I-'"'w or apcntiaa bdcL Sucb CUll must -; lie soecificallv IMlrO'o'ed bY me IDmeerm mer to cuttiM. C hvaDeDr may bl:: all (or 1IDderpouad i'V&l1lltio- aDd IDUI& be named iD aa:mdaDa: widI tbe Utility TJaIl::b ~ Studa1d DrniDc- wort to be aa.ted by a IiccDJed Uad s..ne,or or CviI p",c;- aDd two (2) cap. 01 the cut IMca MIll to tbe Public Wori:I DcpanmcIlI befon: sta.niDI wort. ^J'I C E.. S IN t::I: ~ .L4. S )eJ~..!e;) uJ ~ ,6MOUNr It t::I: >< ~ I- ,..; ...: - PERMIT APPUCAnON PEE PLAN aIECX DEPOSIT SURElY FOR PArIHFUL PERFORMANCE CASH DEPOsrr PLAN aIECX a. INSPECIlON PEE Next S30,ooo.$8O.ooo 109&; AmouDl APPROVED FOR ISSUANCE h:PW PERMlT/RevA/94 USA phone (800) 642-2444 "'/7~?~ Dare (lee olbcuide) * * nCKE1' NO. 3 6 CAMPBELL ASSOCIA TL 9781 BLUE LARKSPUR LANE MONTEREY, CA 93940 PH. 408-655-5000 Ex \-t \ () I T L f, . ~ \' COMERICA l rC :>RNIA SAN JOSE, CAlIFORl'w\ 95113 90-3752-1211 6/7/95 MY*****THIRTY THOUSAND AND NO/IOO DOLLARS***** ro 1HE )RDER )F · CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT 70 NORTH FIRST STREET CAMPBELL, CA 95008-1423 $30,000.00 1051 ~- ~~.--- III 0 0 l. 0 5 l. III i I: l. 2 l. l. 31 ? 5 2 2 I: a SOl. III 0 b a 0 5 III 31111 36 CAMPBELL ASSOCIATES. L.P. -- - - - ~ .--.- .----. -. '219 CITY OF CAMPBELL 1051 $30,000.00 6/7/95 DEPOSIT PER PARK AGREEMENT J0222 1051 '. ....:....:. -;t'I~ '~'I:' .;..~. ':H~ '~'l:' ~I'~' ~.~. ~...;. .~~. *~. -:'-1:' ~..:. .~..:. ~..~. ';,-':' ':t+. .~..;. *~. .~-t;. .;..~. ~I";' -1-t:' * !i -:...:- ~: ~t+.- -:a..:- .+t:. * .~..:. -+t:. *'~ .;t-t:. * .~{. ';H;' '~'l:. 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CD ~ o I1l 3 "0 0- ~ o )> o I1l 3 "0 [ f1I J? >< ~ :c ~ -t ~ (l ./ ~- EXHIBIT "1" All of Parcel 2 as shown on that certain Map filed for record in the Office of the Recorder of the County of Santa Clara on November 17, 1994 in Book 660 of Maps, of Pages 9 and 10. .r- EXHIBIT B NOTICE OF SATISFACTION OF CONDITION OF CITY OF CAMPBELL SUBDIVISION MAP TS9303 NOTICE IS HEREBY GIVEN that the condition recorded in Book Page of the Records of the Recorder of Santa Clara County, California, concerning the parcels created pursuant to City of Campbell Final Map TS9303, as more particularly described in Exhibit 1, attached hereto and made a part hereof, has been satisfied. CITY OF CAMPBELL Dated: By: Anne Bybee, City Clerk RECEIVED JAN 1 1 1996 bv.ID# 153209S Proiect # 9~ ~ JO 5' ADS'd,.......... . BOND FOP. FArTI-lRJL P(;RJ:ORMANCE We, !.he undersigned NCD CONSTRUcrION, INC. . (harolneJ1er .contractor") r.nd DEVELOPERS INSURANCE CCl'1PANY . a corporation organized undor the l!lws crt the Stala of CALIFORNIA , and a.t.rthoriz.ed tu trsnSact buslnr.ss !n the State 01 California. as Surety, nro obligated to the Ctty of Campbell. (hereinafter -Cltyj II municlpal . corooration under the IliY.'S at 1f1(l StatQ 01 CSl!ifc.rr;iR..., In th() :;um of _THREE HUNDRED NINEI'Y FIVE THOUSAND SIX HUNDRED FORTY OOLLARS--- : Oollars ($ 395,640.00 -) 10r tho payment at whIch sum we obligate ourselves and our successors lli1d assigns. jointly and $Gverally by tho following provisions: 111G condition of this obligation is; Becn.u$.a tho obligated contractor has. on JUNE 6 . 19 95 l:!nterc~ Into writtan contract with the City for the Project/Permit # entitled SAN TCMA...S PARK . a eopy of which l.! attached and made a part at thls bond, for the cOr.Str'IolCtJen 01 Project or Permit # SAN 'l"01AS PARK Now, tnerefore, If the contractor shall faithfully perform the work In accordance with the plans, gpOCmcBtlons Md contract documents during the original term, and any extensions 01 the contract which may be granted by the City, with or without natico to the surety, Md tf n shnll sntisty all claims and demands Incurred under the contract. and shall fully Indamnify and save hnrmlo.:::s the City from all costs and d.61l1agos whIch it may sLIffor by ro~on allai/ure to do so, and shnll rolrnbufSQ and repay tho City all out!ay end exponso which the CIty may Incur In making any do1au}t, thon th~ obligation sholl be void; cLt,erwi~8 to rEtmnln In f1J/J force and effect. If any legal action be tiled upon thb bond, It shall be mod within one yew attar finSJ payment hM bOGn made under the contract eXcluding the warranty PQrlod. If any. provldGd for In tho contract. and vonua s.l1all lie in the County of Santa Clara, Slat9 ct California. ~d that surety. for vnlu9 rocolved ~tipulates and agrees that no ohange. extonslon 01 time, alteration or acIdJUon to the terms at the contract . or' to tho work to be performed under It or the speciflcations accompanying It shan In ~y way atroct 1t:s obligation en ttlls bond, and It does by this means wwva notice of any chango. extension of time, altorntlon or addit!on to th., terms of the contract or to the work or to the specitlcatlOllS, and tneraby wnlves the piovislo~ at Soctlon 281 a at tha CMI Coda of the Stata ar CaJlfomla. In wltnen. cootroctor and ZllllWy nav. ex.cutad this tlQroemont _ d JANUARY 12 Sy BY. 19~ INC. Approved fa' the City rX CampbQ/1 THl. m. AtCtln: ::~Zn:. ATro~Y-lN-FAcr Mdr... rX SUAIty: 17780 F'TTCH. STE 200 TRVTNR. ~~ Q?71A Sur-o/' Bond Number 153209S (Accornpt\ny thbI bond wtit Att:rxrwy-kHtM:;t'o outhority tn:m Suraty to u.cLh tM bond. ~ to Indud. tha cia d the bonct) City CIIIo1c h;controc:-..doc(mp)pllQ' S CALIFORNIA ALL.PURPOS.... ACKNOWLEDGMENT No. 5907 State of C-ALTffiRNTA County of FRESNO On JANUARY 12, 1996 DATE before me, CYNI'HIA SAUCEDA, A NOTARY PUBLIC NAME, TITLE OF OFFICER. E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared STEVEN P. &WARDS NAME(S) OF SIGNER(S) [Xj personally known to me - OR . 0 proved to me on the 'basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W TN ESS my hand and official seal. ~ ~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL IX] ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE <Cl1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309.7184 t'\ n f\ r i'! " . \ fJ, \ i,l ,\ n " t, \I ~_\. .; ... ~ , (: f ~ i ( , ~; " ~ ,\ ;, \\ H ;:~ '1 0\ ,-.. CALIFORNIA ALL.PURPl i. ACKNOWLEDGMENT State of CL\;l\ ~y V\.~ County of H ~\'I-1e UCJ On \- \~ -9 ~ before me, Date~ C personally appeared \ \ VV\'\f D \'\.l V\ , Name(s) of Signer(s) , ~erSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) , whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0~u/ ~ Signature of Notary Public ( ':\ (' r I' (~ ,\ ,\ \ (\ \ ~ f\ " (I \ (\ ;\ { ~ f, I' .\ ~~'-~-~':;>'--e~""',,=:;:-'-~a--2X:~~22:~~~~222Z222<=~2d) iC> 1994 National Notary Association' 8236 Remmet Ave,. P.O. Box 7184' Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: D Individual D Corporate Officer Title(s): D Partner - D Limited D General o Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER . Top of thumb here Top of thumb here Signer Is Representing: Signer Is Representing: POWER OF ATTORNEY OF ~._JEMNITY COMPANY OF CALlF~_.I4IA AND DEVELOPERS INSURANCE COMPANY NQ 175442 P.O. BOX 19725, IRVINE, CA 92713 · (714) 263-3300 NOTICE: All power and 3utnomy nereln 'Jrantea snail in any event terminate on the 31st day of March, 1996. 2. This Power Df ~\ttorneY IS vOid If aitered or :1 any ponlon :s erased. 3. ThiS Power (Of ."!tornev 's vOid unless the seal IS readable. ;he text s In brown ink, the signatures are in blue ink and this notice IS in red Ink. 4. This Power or Attorney snould not be returned to the Attorney(s)-In-Facl. but should remain a permanent part of the obligees records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***WAYNE LAMB, STEVEN P. EDWARDS, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact. to make, execute, deliver and acknowledge. for and on behalf of each of said corporations as sureties. bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-insurer's bonds. fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED. that the Chairman of the Board. the President and any Vice President of the c,orporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the altorney(s) named in the Powers of Attorney to execute, on behalf of the corporation. bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be. and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1 st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA ~O~b'~' Da F. Vincenti, Jr. President DEVELOPERS INSURANCE COMPANY By By NtduV Walter rowell Secretary By /;tjpu ~/ Walter Crowell Secretary ATTEST ATTEST By STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1. 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~~~ CERTIFICATE i . OFFICIAL SEAL . ...... TIRESA TAAFUA ..... NOTARY PUBLIC. CALIFORNIA .' """ . PRINCIPAL OFFICE IN I' ORANGE COUNTY i ." . My Comnis..on ElIP. AUlj. 4, 19Q5 .................................... The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California. this 12TH day of JANUARY . 199~ ' INDEMNITY COMPANY OF CALIFORNIA By -/~~0 .. L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By ~~~0 L.C. Fiebiger Senior Vice President In_':t1n R~\I .<1/a~ lJG::8C3 InsC~ICO @~@(10~ BOND NO: 153209S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, NCD CONSTRUCfION, INC. ,as Principal. and DEVELOPERS INSURANCE COMPANY. a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF CAMPBELL as Obligee, in the sum of ($ 395,640.00 ) Dollars, for which payment. well and truly to be made, we bind our~elves, our heirs, executors and successors, jointly and severally firmly by these presents. THREE HUNDRED NINETY FIVE THOUSAND SIX HUNDRED FORrY--- THE CONDITION OF THE OBLlGA TION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF CAMPBELL as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. SAN TCMAS PARK by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements. the Surety on this bond will pay the same. in an amount not exceeding the sum specified in this bond. . as required This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at FRESN:) California. this 12TH day of JANUARY ,1996 "PRINCIPAL" "SURETY'" OCD ~~. f~ 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CAT.TFDRNTA County of FRESNO On JANUARY 12, 1996 before me, CYNI'HIA SAUCEDA, A NOrARY PUBLIC DATE NAME. TITLE OF OFFICER.. E.G.. -JANE DOE. NOTARY PUBLIC' personally appeared S'IEVEN P. ECWARDS NAME{S) OF SIGNER(S) [X] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .............~~~...^'~-~ U~~~ C'{Fn-:.\;,\ SAUCEDA "".)'''( ,':''':l~ i'''- .i'l :11:957108 ~ .-0 ~...-......, . -:..~,.,.\ )....... N" ,,, _~~\".~., ..'........ .... ; .-,"" .... j'-LlCO' CAUFOR .n c..... c,:} ':\~.~ ';:;: ,',;; ..;,' . ~. ~c C"UNlY ... l- ",-5;7.''''''' ::1:!'ir~ v 41995" ~::~.~:~\../ r..i'i C':;\',1\11. Expires Feb. 2 , ov ~~~~.;, . " uiESS my h~,a:~;d (t - ~ "0'''"", OF''''''''' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL IX] ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY{IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184 CA'LIFORNIA ALL.PURPO~_ ACKNOWLEDGMENT ~~ (~ n t ~, \~ ( g ( \ i ;....1\ \' \1 /":. /', \"- \~ State of C~t ~D(n;C^- County of Men\(relJ On \- \~ -0\lo before me, . Date '-'-l . . Notary Public") personally appeared I ~V) 0 VCH\{ ~'\ , _ Name(s) of Signer(s) . .rWpersOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) ~ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI{1::L;rr:;al seal I Signature of Notary Public ~ ;'\ :\ ,j 11 "~ , .J 'I {\ (\ (\ ~ ~\ I' f' t\ (\ N ~ \ -- ~- -.-- .-.~~:2:t~~?"~) iCl1994 National Notary Association' 8236 Remmet Ave" P,O, Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.800-876-6827 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY NQ 175443 P.O. BOX 19725, IRVINE, CA 92713 . (714) 263-3300 NOTICE: 1. All power and ;:;utnomy "rein c;ra,tee snail in any event terminate on The 31st day of March, 1996. 2. This Power of Attorney IS "old If 31terec or ,f any portion IS erased. 3. Tllis Power of Attorney IS ':ole unless the seal IS reaoaole. the text is in brown Ink, the signatures are in blue ink and this notice IS In rea ,,,k. 4. This Power of Attorney Should not be returned to the AttorneYls)-ln-i'act, but should remain a permanent part of the obligee's records. KNOW All MEN BY THESE PRESENTS. that, except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly. hereby make, constitute and appoint ***WAYNE LAMB, STEVEN P. EDWARDS, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact. to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the fOllowing bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds. mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds. bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the c,orporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any suCh Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By 1V,du~ Walter rowell Secretary ATTEST ATTEST By N~ IrK/! Walter Crowell Secretary By STATE OF CALIFORNIA) ) 55. COUNTY OF ORANGE ) On April 1, 1993, before me. Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell. personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CERTIFICATE 'OF'FICIAL SEAL TIRESA TAAFUA .... - NOTARY PUBLIC. CALIFORNIA ...... PRINCIPAL OFFICE IN i .' . ORANGE COUNTY i '" . My Commi..ion EllP. Aug. 4. t9G5 .................................... Signature ~*-~ The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this12'IH day of JANUARY , 199L. INDEMNITY COMPANY OF CALIFORNIA By ;/ c:: ~6n L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By ~ c:: ~6n l.C. Fiebiger Senior Vice President Project #: q,-/o') BOND NO. 1532095 BOND FOR FAJTIIFUL PERFORMANCE OF MAINTENANCE PERIOD We. tha Undersigned NCD CONSTRUCTION, INC. . (hGrolnaftor -rtfnclpaIl and DEVELOPERS INSURANCE CCMPANY , b. corporation organized under the laws of the St.o1l3 at ~IFDRNIA . and authortwd to transact buslnoss In trnJ State aCaJlfom~ as Surety, are otY.lga!sd to tr~ City 01 C:tmnh.AiLlhoro1n:rfulr...ClhI'),....a,,.gllJnlcloaL.camomtlon undor the laws of tha Stale of Cal/fom!a. In the sum of. ~ F.I.VE 'l}{lBlN) ,DdLl1m ($395,640.~ for tho payment of whIch sum We oblIgate Ollves Q.j our ...U~re ana asSl~"lS.lolnt1y and severally by tho foJlQ'Mng provisIon.~: . The condition of L'1ls oblloatlon La that tha Prbc1p.3l ent9rnd. or 13 about to enter. Into a cortaln '.I.-fitton corrtr.;ct wtth the CIty d.ar.ocl JUNE 5 . 19 95 nnd entJtJed Project/Permit :# SAN TOMA..C:; PARK for a one yror m<:1lrrtenanC8 pe.liod at the WOrl< descr1bed In saJd agreement, a true and correct copy of whIch l!l presantty on roe In tha office of too aty Qerk at tha City of CampbOO, whlc., cnki agro-oment Is horeby referred to and made a part haroof. And, the CJty requlres a Qt.I.ar.antoo from tho Principal agulnst defect1vo mateliaJ3 and workmanshIp In connect1on w1th that ma1ntQnanco. ~~ow, therefore, the Principal agroos that It shaJ1 rooks all repaIrs or ropLncemants nacossa.ry dUring tho pmioj of one-year from the date at acceptance of the contract WOlY., by reason of defect.tve materlals or won--:nansh!p In connGCtlcn with th~ contr::lct.. If those dafacttva ma18rla1u or wOr1ananshlp occur withIn tr-'tt period, tt-.o City shall give the Princlpal and Surety written natlco of that defect WithIn 60 daY5 after dlsca..;ary. When GBch rapi.acemarrt l3 made to t..'1e sm:lsfactlon at ttl& Ctty. tho obllgatlon of the Principal and Surety shalJ bo dlschar~6d as to that replacement. otherwfsa to l'9maln In fuJI 'orca and affoct. Any repairs or repiacements made under thls bond shall In lIke manner bo subject to the tenTIS and conditIons of It. No prepayment or delay In payment and no changes. e:x:tenslons, addltfon or altemtlon of any provision of S8.1d conUact or In any plans and spac!fica!iorw rat9lT9d to hGmln, and no forboorancs on the part of the Ctty shall opemta to reloase the Surety from ltabUlty 00 thl3 bond. ard consent to rrotlko 3tIcn alterations ......-tthot..t furthei nO!ica to or consant by tt'l9 Surety ls hGreby afvan. and the Suroty hereby waNes the oravislcrul of Sec'Jon 2819 of the CM Codo of tha Stata d CaUfomIa.. Attest: In w[t.ness, the partlas havs executed this agroomont as of JANUARY 12 ::prOVed for the City of =pboll :rl~ ~ION, T1tIo TItle ~W (SuratytJ ~EVElDPERS~~ a:p'ANY B~ ~7t;:: f ~z:(.n./j STEVEN P. EDWARDS, ATIDRNEY-IN-.l:AC'l' Address of Surety: 17780 FITCH, STE. 200 .1996 INC. City Oati<' h: contract.doc(mp) pg8 IRVINE, CA 92714 Surety's Bond Number 1l)1209S (Accompany th!s bond with' Attomey-ln-facrs authority from Surety to execute the boncl, certlffad to Indude the cfu:ta of the band.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALTFDRNTA County of FRESNO On JANUARY 12, 1996 before me, CYNTHIA SAUCEDA, A NOrARY PUBLIC DATE NAME, TITLE OF OFFICER, E.G., 'JANE DOE, NOTARY PUBLIC. personally appeared STEVEN P. EIMARDS NAME(S) OF SIGNER(S) [XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~::,~~W.H1ASAUCEDA~ ~ ::i~.,... ,..";-:Y;. c~r:rJ. #957108 ~ c;~..~.m.. <.;Ji....'......~.:\....'.,t,H.... .."~."I'. ..r..~.'Ir:onrllA G') to- .;~r~~4v>\i 1._.. '~:'~~~o"\c,.,..-'::J..n'~" ;:: '_~....... l r-ll\"<J.' \,,:u.-" "'-<.tJE'$;'/ f." Comm. Expires Fe!:!. 24, 1996 ITNESS my han~d and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL lXJ ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE <Cl1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 , II {\ i\ " (' t' \1 \\ ~~ \ ~ (\ :) I II o I CALIFORNIA ALL-PURPO!iE ACKNOWLEDGMENT State of rCl L k (\"ll ~ County of ~~ OI\-\WLj \ - \d .q G - u.61l L On before me, Date"'--- . personally appeared (\ ~'Y\ C Vb 1'\ \ \, , D 'Name(s) of Signer(s) ~personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mYEl:and. a d official seal. I} . ~nUlO Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: , , t\ :"~-----""''-G~-;-?~- -2?-2~3?-~.::;:,- Il:> 1994 National Notary Association' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 -;;--' ~ Reorder. Call Toll-Free 1-800-876-6827 Prod. No. 5907 :\ . ; ~ , " .'\ ,\ r\ " ". POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY NQ 175444 P.O. BOX 19725, IRVINE, CA 92713 · (714) 263-3300 NOTICE: All Dower 3nd a~thorrty nereln grantee snail In any event terminate on the 31st day of March. 1996. _. ThiS Pewer ci Attorney IS vOid If alterea or If any portion IS erased. 3. TillS Power of Attorney IS vOid unless me seal is reaaaDle. t."'e :eXl1S in brown Ink. the signatures are in blue ink and this notice IS In red ink. 4. ThiS Power of Attorney should not be returned to the Attorney' sl-in-Fact. but should remain a permanent part of the obligee's recordS. KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly. hereby make. constitute and appoint ***WAYNE LAMB, STEVEN P. EDWARDS, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute. deliver and acknowledge. for and on behalf of each of said corporations as sureties. bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds. mortgage deficiency bonds. mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds. self-insurer's bonds. fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED. that the Chairman of the Board. the President and any Vice President of the c.orporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA ~[)~h~' Da F. Vincenti. Jr. President DEVELOPERS INSURANCE COMPANY By By ~/dP~# - Walter &owell Secretary By AMtu W Walter Crowell Secretary ATTEST ATTEST By STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1 , 1993. before me, Tiresa Taafua, personally appeared Dante F. Vincenti. Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CERTIFICATE O~ICIAL SEAL TIRESA TAAFUA . NOTARY PUBLIC. CALIFORNIA .' .... PRINCIPAL OFFICE IN I' ORANGE COUNTY I "I" .. My Cormis$ion Exp. Aug. 4, t9115 .................................... Signature ~*-~ The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. this 12TH day of JANUARY . 199~. INDEMNITY COMPANY OF CALIFORNIA By :/ cz: ~6r7 L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By ~ cz: ~6r7 L.C. Fiebiger Senior Vice President J....Mow_.. . Of " C"'-it " ~ 4,. ~ " ~ ... t'" U t"' "" "- <So "- ~ c,' 'O~CH~\l\l CITY OF CAMPBELL Public Works Department Date: July 27, 1998 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: Tom Merschel New Cities Development Group 9781 Blue Larkspur Lane Monterey, CA 93940 FROM: Michelle Quinney, City Engineer SUBJECT: Encroachment Permit 96-105 (Fischer Park) We are forwarding the following: NCD Construction, Inc. Bond for Faithful Performance of Maintenance Period $395,640 Bond for Faithful Performance $395,640 Labor & Material Bond $395,640 Remarks: project has been completed. Transmitting remainder of bonds. J:\FORMS\CETRANS(EXCEL) Michelle 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 Of 'C-t1l1 . ;. 4, ..,.~ ~ f... '~'~~..'" ~ ....; '~- ",,".; - IF f" U '.~~~ r" . '." j).""::i:"""" ';. . .. .. 1- "- ~. ,-,' OotCH ,t.\l\J. CITY OF CAMPBELL January 17, 1996 Public Works Department Thomas J. Merschel New Cities Development Group 9781 Blue Larkspur Lane Monterey, CA 93940 Dear Tom: I have reviewed your January 11, 1996 letter requesting approval of the Scope of Construction per Article 6 of the San Tomas Park Development Agreement (Agreement). Please find attached a signed copy of this letter indicating agreement between the City of Campbell and NCD Construction, Inc. (NCD) on the scope of the project as outlined in your letter and the attached Budget Recap identified as Exhibit A. The approved scope contemplates construction of park improvements by NCD consistent with the approved plans and specifications for construction of the San Tomas Park. Additionally, the City agrees to reimburse NCD for the actual costs of the development of the park (upon presentation of documentation by NCD) as outlined in the January 11, 1996 letter, to the extent that reimbursement of those costs not presently known are for items agreed upon by the City and New Cities, and are consistent with applicable reimbursement provisions of the Agreement. Finally, upon review of the Labor and Material, Faithful Performance, and Maintenance bonds submitted pursuant to Section 2.2.3 of the Agreement, the City finds that NCD has satisfied the conditions of the agreement between the City and 36 Campbell Associates, L.P., titled Stipulation to Condition of Approval on Final Subdivision Map, and has enclosed for recordation by NCD an executed copy of the Notice of Satisfaction of Condition of City of Campbell Subdivision Map TS9303. It is our understanding that NCD plans to commence construction of its portion of the park shortly after receipt of a no-fee encroachment permit from the Public Works Department. Please do not hesitate to contact me if you wish to discuss any of the above. Sincerely, ~~-< Public Works Director Attach~ents /)'<.' ~. c,,' ;<Uv-<. L fill {tL tl): . .Jt tJA/J.0 &la~L. VL-/ 'C,r?aiJ.4 !/!iJ1}tU,{.. <7 .' 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOD 408.866.2790 f1dLl.L- VA-l'j~-<'^J (~./.'-. .1 / '1'6 If[>tu/./L.{'Jj~-. 'l /LI.("./U~.". / NEW CITIES DEVELOPMENT GROUP 9781 BLUE LARKSPUR LANE MONTEREY, CA 93940 PHONE: (408) 655-5000 FAX: (408) 655-2448 ,t"...., ;fI1;":."': ..,,: " 12 1qgr January 11, 1996 City of Campbell 70 North First Street Campbell, CA 95008 Attention: Robert Kass, Public Works Director Re: 4.1 Acre Park at San Tomas School Site Dear Bob: As we have discussed and per Section 2.1.5 of the San Tomas Park Development Agreement (Agreement), attached is a Budget Recap (exhibit "A") for the subject park that details the cost of work that NCD Construction, Inc. (NCD) proposes to undertake to satisfy its obligations under the Agreement. Per the Agreement and as detailed in exhibit A, the total value of the proposed work is $440,452.67. However, NCD's proposal is dependent on the City of Campbell (City) agreeing to reimburse NCD the following costs: 1. 2. 3. 4. Conceptual park design costs: Working construction drawings: Indirect construction costs: Direct construction costs Total $30,000.00 (see (a). below) $98,843.00 (approximate, see (b). below) $23,516.25 (approximate, see (c). below) $21.296.42 (approximate, see (d). below) $173,655.67 (a). The conceptual park design cost is a known, fixed cost: In compliance with paragraph 3.1 of the Agreement, NCD has deposited $30,000 (copy of check #1051 and receipt attached as exhibit liB ") with the City for conceptual design work. (b). The working drawings cost is based on six contracts that NCD entered into per our previous discussions and as provided for in paragraph 6.9 of the Agreement. The value of the six contracts that NCD has signed is $98,843 with $76,008.94 having been paid to-date (Budget-Billing Recap through 12/13/95 attached as exhibit "C"). The final total cost of the six contracts may vary dependent on whether or not change orders are approved and if allowances built into the contracts are fully utilized. Bob Kass 1/11/96 Page 2 (c). The indirect construction costs are an estimate based on a three (3) month construction schedule and will vary according to the actual time it takes to complete NCD's portion of the park. (d). The direct construction costs are based on NCD's contract with Valley Crest Landscape, Inc. which we discussed at length at our meeting yesterday. The final total cost of Valley Crest's contract is dependent on whether or not change orders are approved during the course of construction. NCD will bill the City only for actual costs associated with the working drawings, indirect and direct construction expenses that are properly documented per the terms of the Agreement. Payment to NCD from the City to be made within 30 days of the City's receipt of a demand letter. Also, enclosed for your review and approval are the Labor & Material, Faithful Performance and Maintenance bonds that paragraph 2.2.3 of the Agreement requires NCD to provide to the City. By signing where indicated below, the City is agreeing to: 1). The scope of work that NCD is to undertake to satisfy its obligations under the Agreement. 2). Reimburse NCD for the cost of conceptual and working drawings for the park and indirect and direct construction costs. 3). The form of the bonds provided. k~ Public Works Director City of Campbell '-/~/n~./ ~ /1~ V~y Additionally, upon your review and approval ofthe required bonds, NCD will have satisfied the conditions of the agreement between the City and 36 Campbell Associates, L.P. , titled "Stipulation to Condition of Approval on Final Subdivision Map" (Stipulation Agreement). Per the Stipulation Agreement, upon providing the required security (bonds) the City shall execute the attached "Notice of Satisfaction of Condition of City of Campbell Subdivision Map TS9303" (Notice). Please note that per Article 6 ofthe Agreement, NCD and the City have five (5) days from today's date to agree on the scope of the project that NCD is to complete in satisfaction of Bob Kass 1/11/96 Page 3 its obligations under the Agreement. Per our meeting yesterday, NCD is prepared to sign its contract with Valley Crest and begin work as soon as I receive signed copies of this letter agreement and the Notice. To expedite the start of construction, please fax signed copies of this letter and the Notice to my attention at (408) 655-5000 and send originals via mail. If you have any questions or comments regarding this letter, please contact me directly at (408) 655-5000. Sincerely, \"JL- Thomas J. Mers Director - Forward Planning & Development cc: Lee Newell, Partner - New Cities Development Group New Cities Development Group Project: San Tomas Park EXHIBIT "A" 11-Jan-96 Budget Recap - NCD Construction, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- ------------------------------- ------------------------------- I. Indirect costs ---------------------------------- ---------------------------------- Cost item 1. Bonding cost II. Indirect construction costs ---------------------------------- ---------------------------------- Cost item 1. Blue prints 2. construction office rental 3. Construction office equiptment & furniture 4. Construction office supplies 5. Construction office phone/utilities 6. Safety/first aid 7. Toilet 8. Temporary power 9. Security/gurad service 10. Supervision 11. Labor 12. Clean .up/street sweeping III. Direct construction ---------------------------------- ---------------------------------- Cost item 1. demo 2. earthwork 3. construction 4. electrical 5. drainage & utilities 6. planting 7. irrigation 8. site furnishings 9. misc. total per month Na $187 Na Na $400 Na $82 Na $2,400 $6,000 $1,200 Na total: indirects # of months % to park $7,121.52 $7,121.52 cost $750 $140 $650 $150 $240 $100 $246 $1,200 $1 ,440 $13,500 $3,600 $1,500 $23,516.25 costs $2,569 $31,875 $138,494 $18,384 $46,374 $51,238 $44,850 $29,775 $9,000 $372,559.00 $37,256 $409,815 $440,452.67 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Budget Recap: Indirect costs Indirect construction costs Direct construction Contingency Total Budget Indirect construction costs Direct construction costs Cost $7,121.52 $23,516.25 $372,559.00 $37,255.90 $440,452.67 ($23,516.25) ($21,296.42) $395,640.00 ---------- ---------- Na 3 Na Na 3 Na 3 Na 3 3 3 Na Na 25% Na Na 20% Na 100% Na 20% 75% 100% Na total: indirect construction subtotal: direct construction contingency @ 10.0% total: direct construction TOTAL BUDGET to be paid by City of Campbell to be paid by City of Campbell to be paid by NCD Construction, Inc. Recording requested by and when recorded, return to: City of Campbell City Clerk's Office 70 N. First Street Campbell, CA 95008 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF SATISFACTION OF CONDITION OF CITY OF CAMPBELL SUBDIVISION MAP TS9303 NOTICE IS HEREBY GIVEN that the condition recorded in Book N909, Page 1464 of the Records of the Recorder of Santa Clara County, California, concerning the parcels created pursuant to City of Campbell Final Map TS9303, as more particularly described in Exhibit 1, attached hereto and made a part hereof, has been satisfied. CITY OF CAMPBELL Dated:C~ /~ /7 jc. ~~" By: Robert Kass, Public Works Director A?2..-~ Anne Bybee, City Clerk 1 0 9 PA GE I 469 EXHffiIT "1" All of Parcel 2 as shown on that certain Map filed for record in the Office of the Recorder of the County of Santa Clara on November 17, 1994 in Book 660 of Maps, of Pages 9 and 10. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r~~7;~2e~- ':\) State of ~ a \-U u r n, 0.- d) (l /11 ;1{ County of .JCMtc VI'rA.. ',1 On I tp) Q (P before me, \ DATE \1 personally appeared ~f \- ka.rs :) NAME(S) OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence ::1 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ') ,.') ) '.'. :~ "l) ,) ,) ) ) WITNESS my hand and official seal. ~c, ~,~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. , i J ',) ) (:~, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITlE(S) . ~ i o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: i , I .\ ., ,,) \) ) SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ., j DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 5907 :~ :~ , .:~ ) ! \' :\ \\ j { . ~ ! " ~ , '~ ~l .\ '\( j ) '( . \ \ ,'! .j ) ) , \ I d \ .,) ? ) ) ,.\ \ ) ) ,,{ 1 j { "'! . i .) \ ,\ :', ,,\ ) .~ , ) ) .\ 1 .. I l :::';?=~.Z2:;~22=::=?:?'::2222=.::::2:::2:::2:2222':::'2:::?222~2222222~,::'C:-~22:::::;.:::~2z:.;. j @1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave.. P.O. Box 7184' Canoga Park. CA 91309-7184