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Street Improvements a { hi, ,µ CHMENT PERMIT ISSUANCE CHECKS 1tiil _ fir; ;;tr City P of Campbell Encroachment Permit No'. ENC Department of Public Works Tract No. •��� Address: 'y ITEMS REQUIRED FOR PERMIT APPLICATION: Applicant section complete ys 2. 1 Applicant signature and date(front and back) 3. 'l'1Permit Application Fee$260.00 paid-Receipt Nuz 4 L- "Y Engineer's Estimate Submitted s 5.b �2 Plan Check Deposit Paid(2%of Engineer's Estima 6. de Sets of Grading and Drainage Plans 7. yr 3E e Sets of Improvement Plans Submitted 8. "ex, Check Lists ITEMS REQUIRED PRIOR TO PUBLIC WORK CLEARANCE FOR BUILDING PERMITS - 9. _ Plan Check&Inspection Fee: If Engineer's Estimate<$250,000,then 40/0 of Engineer's Estimate. If Engineer's Estimate >$250,000, then Actual Cost+20%. (Deposit of 8%of Engineer's Estimate required;$30,000 minimum deposit. Amount$_ir�4(0• Receipt No. 10: Security for Faithful Performance and Labor and Materials, 100%each of Engineer's Estimate,supplied or paid. Amount$-I?r Ov 71-6-3 Form I.D. # L 11. Security for Monumentation Amount$ 7,,tCJt 3 ,C0 Receipt No. 12. Construction Emergency Cash Deposit: 4%of Engineer's Estimate. ($500 minimum,$10,000 maximum) Amount$ ® Receipt No. 4 13. Storm Drainage Area Fee Amount$ Receipt No. 14. Right of Way Documents Completed and Fees Paid. ►e,, � 15. Worker's Compensation Insurance Information Sheet Received for Applicant. requirements listed in the Conditions of Approval of the development. 16. A11 other Public Works requ pp P 17. Other Fees,Payments,Deposits Amount$ Receipt No. Of ITEMS RE UIRED/ RIOR TO ISSUANCE OF ENCROACHMENT PERMIT: 18. Contractor's signature added to the permit application(front and back) 19. Contractor's City of Campbell Business License # 20. Worker's Compensation Insurance Information Sheet received from Contractor. 21. Certificate of Insurance with Additional Insured's Endorsement received from Applicant or Contractor. 22, One mylar set and four blueline sets of off-site plans signed by licensed engineer,stamped APPROVED FOR CONSTRUCTION. 23, Permit signed by City Engineer. WHEN ALL OF THE ABOVE ITEMS ARE COMPLETE,PERMIT MAY BE ISSUED. Issuer: Initial and date and file with permit. UPON ISSUANCE,INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND j:\LandDev\forms\streetimprovements\EP checklist rev. 1/20104 i 1 CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPLICATION NO(S): ADDRESS: /2['37 W W'7r f?-(NLo Instructions: This checklist provides advance notification to applicants of the City of Campbell's final street improvement plans and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final street improvement plan list to the City Engineer,please place an X in the space to the right of each item below to indicate you have complied with, or place N/A to indicate that the particular item does not apply. Review applicable sections, which are referenced in parentheses,before checking off each item. SEAL AND SIGNATURE OF ENGINEER OF WORK I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT, AND COMPLETION OF THIS CHECKLIST,AS DEFINED IN SECTION 6703'OF THE BUSINESS AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. Signature Date �5 0 Printed RCE# 5Z 7?� Expiration Date ! (SEAL) CITY ITEMS OK N/A COMMENTS I. GENERAL 1 City standard off-site title sheet with applicable notes. 2 24"X 36" sheet size used, including City standard borders and Blueprint for a clean bay plan sheet. 3 Title Block/scale/north arrow shown. 4 Plans capable of microfilm reproductions - minimum 1/8 inch lettering. 5 Engineer's name, number, expiration date and signature included on all sheets. JALandDev\Forms\Street IinprovementsW checklist.doe CITY ITEMS OK N/A COMMENTS 6 Vicinity Map shown(must be microfilmable). 7 Sheet Index and key map included for 3 or more sheets. ✓ 8 Limits of Public Works inspection clearly shown on plan, typical section, and bond estimate. 9 Street light locations/legend/PG&E signature shown. 10 Request for annexation to Lighting District submitted. (Accompanied by map&metes and bounds description and annexation fee.) _ 11 Curb grade plans prepared by Public Works have been incorporated into improvement plans and verified as adequate. 12 Curb grade plans prepared by Engineer for review by Public Works and cross-sections @ 50' max. intervals along road frontage and extending 150' min. beyond limits of work. Profile line,centerline, &E.P. 13 Signing and striping plan plus existing striping included in improvement plans. 14 Development No. (SUB, MS, LUP, DP) shown on each sheet. 15 Fire District signature shown for access and fire hydrant location. 16 Verification of land rights for off-tract work(title report,recorded easement,etc.). 17 Permits required from other agencies (Fish &Game, CalTrans,Army Corps of Engrs,Flood Control,etc.). 18 Right of entry submitted for review for all off-tract work. 19 Plans for landscaping within the public right-of-way submitted for review. 20 Fence required along water district canals. 21 Water testing required before paving for grades less than 1%. II. ROADS A. Typical Sections 1 Structural sections indicated per R-value. P42 Sidewalk and Curb indicated with details. 3 Right-of-Way and street width dimensions shown. 2:1 max. cut/fill slopes shown beginning @ R/W lines- Soils Report verifying exceptions. 5 Crown Slope indicated. 6 Street cross sections shown at 50' intervals maximum (closer intervals may be necessary per the City Engineer). 7 Pedestrian or bike paths shown. 8 Pavement Design Chart shown with T.I. values for review. J:\LandDevTorms\Street Improvements\SP checklist.doc 2 CITY ITEMS OK N/A COMMENTS B. Plan Views ✓ 1 Radius of curvature shown on all curves. ✓ 2 20' curb return radii shown for major thoroughfares and industrial streets. 3 1 24' min. curb opening for private road intersection. 4 Horizontal curves and sight distance designed per Ifighway Design Manual. 5 Cul-de-sac radii (35' min.)shown. 6 Private road turnarounds shown. 7 R/W and street width dimensions shown. ✓ 8 Centerline stationing shown at 50' intervals. 9 Curve info provided in table format (i.e. BC/BC station, offset,radius, and delta) 10 Lot/parcel lines and numbers/letters indicated. F2 , Valley gutters indicated. Flag flow lines at quarter points on curb returns and valleygutter centerline. Stationingand offsets of all drainage structures shown. T/C elevation at all drain structures w/invert and FL elevations shown. (Invert,and FL elevations may be shown on provide if preferred. If profile is not on same sheet as plan view,T/C,invert, and FI elevations must be shown onprofile.) 14 Drainage easements shown and dimensioned V 15 Location of underground pipes and utilities shown for ✓ laterals and main lines(i.e. sanitary sewer, gas,water,etc.) 16 Street monuments shown. 17 Off-tract slope easements shown„with x-sections,topo and offer of dedication for slope easements submitted ✓ for review. 18 Pedestrian Paths shown. Basic grades shown. 19 Wheelchair ram s shown at returns with details. C. Profiles 1 Vert curves designed for proper.speeds per Highway Design Manual. 2 Minimum vert curve lengths observed. 3 Curb returns and cul-de-sac profiles shown (high and or low pts. Indicated when vertical curve is used). 4 Vertical curve used for grade breaks greater than 2%. (3% on sag curves.) 5 6%maximum gradient observed @ intersecting streets. 6 6%maximum grade observed across intersection. 7 1%minimum grade observed on all streets. 8 Maximum street grades per ordinance. 9 Underground pipes and utilities shown. J:Uanc0eAFo=\Street Improvements\SP checklist.doc 3 CITY ITEMS OK N/A COMMENTS 10 Existing ground on centerline shown. Where topography is steep,existing ground left and right of centerline has been shown. Cross sections may be required. 11 Finish grade profile for centerline and for top of curb shown (left&right)ifspecial grades required. 12 Cul-de-sacs all have 1%to 4%cross slope between utter lip and high point. 13 1 Super elevation grades shown where required by Highway Mghway Design Manual. 14 Back of curb flow diverters indicated on proposed / county streets with grades over 5%when no sidewalk ✓ installed. 15 Centerline profiles of intersecting streets shown to their point of intersection. (Showing curb return or other profiles in lieu of the centerline profile is not an adequate or correct representation.) 16 Off-tract profile to catch pt. Shown where road is constructed to subdivision bound 17 Centerline stations and elevations shown @ 100' minimum intervals and @ all BVC,EVC,PIVC, and grade breaks. 18 Profile slopes indicated. III DRAINAGE A Hydrology-Hydraulics 1 Contour maps-continue for 100 feet+beyond property. 2 100 year water surface calculations completed when natural watercourse or drainage facility flows through or adjacent to subdivision or the property lies within flood hazard or flood prone area and water surface shown on Tans. 3 EGL,HGL,Fl,El, Q,A, S,.V,freeboard at structures, structure losses, tailwater assumptions, super or subcritical flow all indicated. 4 Adequacy of in-tract drainage system verified. 5 All starting water surface calculations adequately verified. (When computing beginning water surface in natural watercourse and no obvious point of control is V'/ available,begin 500' downstream and work up to point inquestion.) 6 Adequacy of off-tract drainage system verified. J:UandDev\Forms\Street Improvements\SP checklist.doc 4 CITY ITEMS OK NIA COMMENTS B Easements 1 Off-tract drainage improvements (plan and profile) and accompanying easements shown. Off-tract offers of dedication for drainage easement submitted for review. 2 Off-tract work to be done but no easement requirements. Right of entry submitted for review. 3 Easement widths indicated for(a)Closed conduits, (b) Open channels. 4 Sufficient X-sections submitted to verify easement widths and Development rights for open channels. 5 Access and ingress easements shown, graded to be useable. 6 Minimum 12' ingress easement to public way provided to all access easements. 7 Minimum 40' centerline radius for access easements shown. 8 Structure setback line indicated and location verified with X-sections for unimproved channel. 9 Fences shown as required where street crosses watercourse or drainage structure. 10 Fences shown as required at outside boundaries of open lined channel easements and water district canals. C Structures 1 Inlet depths without manhole bases and max. dia. Pipes through inlets observed. Type A 6' CC 3011 36"front 30" side Type B 12' CC 3012 30" side Type C 4' CC 3013 36"front 24" side Type D 6' CC 3016 36"front 24" side TypeE 4' CC 3017 36"front 24" side 2 Max. diameter pipes through manholes observed. Type I 24" CC 3020 Type II 42" CC 3021 Type III 60" CC 3022 3 1.25"minimum freeboard in inlets and manholes. 4 HGL shown in all structure profiles. 5 Type C inlet shown with grate unless in pedestrian area, FL elevation of side opening also indicated. 6 Structure type indicated on plan or on structure list on same plan sheet. 7 Type B or E inlets used on streets with grades 6% or steeper. J:\LandDev\Forms\Street Improvements\SP checklist.doc 5 CITY ITEMS OK N/A COMMENTS 8 Ladder grab irons provided for manholes over 12 feet deep. 9 Gutter apron lengths for A or B inlets specified for profile grades 3% or greater. 10 Indicate internal dimensions of non-county standard drainage structures used in private systems. D Pipe 1 Closed conduit minimum slope of 0.003 observed. IN 2 Natural watercourses are placed in closed conduits ✓ for flows less than 80 cfs. 3 Gage of corrugated steel or aluminum pipe noted on VA plans. 4 Water directed into inlet does not reverse the direction of flow. 5 Minimum centerline radii of pipe checked. Beveled RCP lengths specified(bevel one or both ends) and stationing of E.C. and B.C. indicated. 6 Outlet protection for closed conduits or lined channels provided. 7 2' minimum cover over pipe observed(provided manufacturer specs does not require more)unless special design and calcs. Submitted, 3' minimum cover for plastic pipe. 8 DesigE Q shown on pipe profile. 9 Minimum cleansing velocity of 2 FPS with half design flow observed. 10 1 18"minimum pipe size. E. Channels 1 Maximum velocity in earth channel verified by soils report-minimum velocity 3 fps. 2 Improved earth channel side slopes shown.to be 2:1 or less steep asspecified by soils report. - Y/ 3 Lined channel side slopes asspecified by soils report. 4 Areas noted to be cleared of structures,trees,brush, and debris within natural channel and watercourses. J:UandDev\FormskStreet ImprovementASP checkhadoc 6 OF CqM A� ORCH 019 CITY OF CAMPBELL Public Works Department TRANSMITTAL July 25, 2005 From The Desk Of.- Marlene Pomeroy Masud Maesumi Executive Assistant 7336 Glenview Dr. (408) 866-2776 San Jose, CA 95120 e-mail: marlenep@ci.campbell.ca.us Enclosed for your records please find a copy of the recorded Street Improvement Agreement in connection with your project at 213 W. Rincon Avenue. Marlene Pomeroy Executive Assistant J Enclosure 70 North First Street ° Campbell, California. 95008-1436 TEL 408-866.2150 FAX 408.376.0958 TDD 408.866.2790 Tolle99WROW vnml. 4W - , SIC'MM 6103,00 t9! . 0D9 Pages: 10 At'-ftwatimiopiffY OF CAMPS . 1841183 8 DOCUMENT: Fees. . . . No Fees Recording Requested by: ) Taxes. . . Copies. . City of Campbell ) AMT PAID When recorded mail to: ) RDE # 009 BRENDA DAVIS 6/09/2005 City Clerk ) SANTA CLARA COUNTY RECORDER 10:38 AM Recorded at the request of City of Campbell ) City 70 North First Street ) Campbell, CA 95008 ) APN: 305-31-003 (Space above this line for Recorder's use only.) ADDRESS: 213 W.RINCON AVENUE STREET IMPROVEMENT AGREEMENT RECITALS THIS AGREEMENT, identified by File No. ENC 2004-00133, is entered into this /�1h day of 2005, by and between MASUD MAESUMI a married man as his sole and separate prop , hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California,hereinafter referred to as "City." On.March 23, 2004 the Planning Commission granted conditional approval of a Tentative Subdivision Tract Map for that certain real property described above and commonly known as 213 W. Rincon Avenue,which property is hereinafter referred to as "said real property." TERMS AND CONDITIONS Now, therefore, in consideration of the above referenced approvals, and in satisfaction thereof, the parties to this Agreement shall comply with the following terms and conditions: (1) The Owner shall provide, construct and install at his/her own proper cost and expense, street improvements as described in Section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 month period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays beyond the control of the Owner or his/her successors shall be excluded. . (2) If the Owner fails to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice to the Owner, or his/her successors, may construct.and/or install said improvements and recover the full cost and expense from the Owner, or his/her successors. 1 STREET IMPROVEMENT PLANS (3) The Owner, shall cause to be prepared at his/her cost and expense street improvement plans for the construction and installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. (4) All of said improvements embraced in this Agreement shall be constructed and installed in accordance with the plans approved by the City Engineer and shall be made under the inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and all applicable plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes. Upon completion and acceptance of the improvements by the City, the Owner, shall provide reproducible as- built plans to the City Engineer. PLAN CHECK AND INSPECTION FEE (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner; or his/her successors, shall pay the City for plan checking of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum calculated in accordance with Resolution No. 10014 as adopted by the City Council on May 7,2002, or as may subsequently be adopted by the City Council. FAITHFUL PERFORMANCE SECURITY (6) The Owner, or his/her successors, shall file with City, prior to beginning construction, security acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of all the aforementioned improvement work. Said security shall guarantee that Owner, and his/her successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This security shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said security amount may be reduced by the City Engineer in his/her sole discretion after the date of final acceptance to not less than twenty-five(25)percent of its full value. (7) Upon final release of said security by City, the obligations of Owner, and his/her successors, contained in this Agreement shall be considered null and void, except as . otherwise provided by applicable law, or Sections 12 or 13 of this Agreement. 2 FORMATION OF A SPECIAL ASSESSMENT (8) The Owner, when called upon by City to do so, shall execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. Owner, or his/her successors, shall participate in and become a part of any special assessment district as described in Section(8) of this Agreement. (9) The Owner's, or his/her successors' obligations, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. RIGHT-OF-WAY ACQUISITION (10) Owner at his/her own cost and expense, shall acquire any easement and right-of-way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of-way, Owner, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed-to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (11) The Owner, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his/her own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation lines within or without the boundary of said real property. INDEMNITY AND INSURANCE (12) The Owner, and his/her successors, to the fullest extent permitted by law, shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, actions, causes of action, liabilities, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from, or alleged to arise out of or result from any negligent or intentional act or omission (including misconduct) of said Owner, or his/her successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement, except for any claims, actions, causes of action, liabilities, damages, losses and expenses proximately caused by the sole negligence or willful misconduct of the City. 3 (13) The Owner, and his/her successors, shall also indemnify,defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, actions, causes of action, liabilities, demands, losses, lawsuits,judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels)which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from, or alleged to result from the failure of Owner, or his/her heirs, assignees, successors, grantees, agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement, except for any claims, actions, causes of action, liabilities,judgments, damages, costs and expenses proximately caused by the sole negligence or willful misconduct of the City. (14) The Owner and his/her successors shall also indemnify, defend and hold harmless the City, the City of Campbell Redevelopment Agency, and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City, its City Council, Planning Commission, Community Development Director, Public Works Director, Building Official, City Engineer, or other such City official concerning a subdivision, which action is brought within the time period provided for in California Government Code Section 66499.37. (15) The City will promptly notify the Owner of any claim, action or proceeding to attack, set aside, void or annul any approval concerning a subdivision of said real property, and will cooperate fully in the defense. (16) Owner and his/her/its successors shall maintain insurance for injuries to persons or damage to property conforming to the following specifications: A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office (ISO) CGL form CG 00 01 11 85; and 2. ISO form G0009 11 88 Owners and Contractors Protective Liability Coverage Form—Coverage for Operations of Designated Contractor; and 3. Course of Construction Insurance covering all risks of loss; and 4. ISO CA 00 01 06 92 including symbol 1 (Any Auto); an 5. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance. B. Minimum Limits of Insurance Owner shall maintain limits no less than: 4 1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by- the Labor Code of the State of California and Employer's Liability limits of$1,000,000 per accident. C. Deductible and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, the City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers; or the Owner shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage: a. The City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers are to be covered as insureds as respects: liability arising out of activities related to this Agreement performed by or on behalf of the Owner, products and completed operations of the Owner, premises owned, occupied or used by the Owner, or automobiles owned, leased, hired or borrowed by the Owner. b. The Owner's insurance coverage shall be primary insurance as respects the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Owner's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers. 5 d. The. Owner's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. e. Coverage shall not extend to any indemnity coverage-for the active negligence of the City in any case where an agreement to indemnify the City would be invalid under Subdivision (b) of Section 2782 of the California Civil Code. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Owner for the City. 3. Course of Construction Coverage: Course of Construction policies shall contain the following provisions: (a) the City shall be named as loss payee; and (b) the insurer shall waive all rights of subrogation against the City. 4. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Without limiting Owner's indemnification provided hereunder, Owner shall take out and maintain at all times during the life of this contract, up to the date of acceptance of the work by the City, the policies of insurance listed in Paragraphs 12 through 16 of this Agreement. Insurance is to be issued by an issuer with a current A.M. Best Rating of ANH and be authorized to transact business in the State of California,unless otherwise approved by the City. F. Verification of Coverage Owner shall furnish the City with certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City. Where by statue, the City Workers' Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates are to be received and approved by the City before work commences. 6 G. Subcontractors Owner shall include all subcontractors as insured under its policies or shall .furnish separate certificates by each subcontractor. All coverage shall be subject to all of the requirements stated herein. MUTUAL BENEFIT COVENANTS BINDING ON HEIRS, ASSIGNEES, SUCCESSORS, AND GRANTEES OF OWNER (17) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 213 W. Rincon Avenue, and the City's property, commonly described as W. Rincon Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assignees, successors, grantees and agents of the Owner to said real property. UNVESTED INTERESTS (18) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. BREACH OF CONTRACT . (19) The City, upon breach any of the terms, conditions, or covenants of this Agreement by the Owners, shall be entitled to recover from the Owner, in addition to any other relief available in law or equity, all costs and compensation incurred in attempting to obtain enforcement of the Agreement, including reasonable attorneys' fees and court costs. ENTIRE AGREEMENT BINDING (20) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement,binding on all parties. PRELIMINARY PLANS (21) Owner shall provide and construct public street improvements per preliminary plans titled "STREET IMPROVEMENT PLANS-OFF SITE — 213 W Rincon Avenue" which are subject to approval by the City Engineer,prepared by SMP Company. 7 IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk,who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his/her name to be affixed the day and year first above written. MASUD MAESUNII, a married man as his sole and Separate property. MASUD MAESUMI CITY OF CAMPBELL Michelle Quinney,Acting PubfYc Works Director (Notary Acknowledgment for above signator(ies) MUST be attached.) Attest: Anne Bybee, City Clerk 8 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On q c�Q®� before me, (Notary Public) personally appeared /% e J proved to me on the basis of satisfactory evidence) to be the person()whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her - authorized capacity(4m); and that by his/kerAheir signature(k) on the instrument, the personK or the entity upon behalf of which the person()acted,executed the instrument. WITNESS my hand and official seal. MARtBri L lOIYlRC41 CoNr eMM#1412194 rloarruM-caromo ?((SignatureNo Public) 2M7 (This area for notarial seal) L • I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of On 144 _--2 VS�' before me, ate Name and Ttlq of Officer(e.g.,"Jane D46,Notary Public') v VAI '✓ personally appeared &I", ame(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( ) whose name(¢) is/afe— subscribed to the within instrument and acknowledged to me that 4;te/she/ttey executed MARLEWK.POMIRM the same in 44s/her/the4 authorized Cpnw*don*1412194 capacity4es), and that by 4►./her/tkei- NoloiyhAmft Cdlomlo signature(j) on the instrument the person(k), or >lanioCl11MICONy the entity upon behalf of which the person(j) urcmMe"NUM6,24 acted, executed the instrument. WITNESS my hand and offic(al eal. Signaturl-oT Notary Public OPTIONAL Though the information below is not required bylaw,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: �� S Number of P ges: IF Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwmnationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6627 MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: JanHernsl-ey, Deputy City Clerk_ DATE: May 31, 2005 FROM: C" -'` Marlene Pomeroy Public Works Department SUBJECT: Document for Recording Attached please find an originally signed and notarized Street Improvement Agreement for property located at 213 W. Rincon Avenue. Anne needs to attest the document and then it is ready to be sent to the County Recorder for recording. As usual,Public Works will need a copy of the recorded document. Thanks for your assistance. Attachment PUBLIC WORKS - ENGINEERING DIVISION ------------------ MEMORANDUM TO: Michelle Quinney, Acting Public Works Director FROM: Al Oxonian, Senior Civil Engineer SUBJECT: STREET IMPROVEMENT AGREEMENT DATE: May 19, 2005 Attached please find the signed and notarized copies of the street improvement agreements for 213 W.Rincon Avenue for your signature. (Address) This agreement was required as a condition of approval for PLN 2003-140 , which was approved by : ❑ City Council Resolution No. on JPlanning Commission Resolution No. 3545 on March 23, 2004 . ❑ Community Development Director on ❑ Public Works Department/Land Development Section on This agreement requires the improvements to be installed: IJ Within 12 months from the date of the agreement and the required bonds have been submitted. ❑ Within 12 months from the date notified by the City Engineer to install the required improvements. rev 2/01 JALandDev\Memos\st imp agt memo.DOC 0 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Revised May 28,2004 ' f ig i aeu +, Jy r[t % VAIGE7'�. �5 *a '7 k s , £ ' r Z �. .:✓a °Y !� 'a. hf'"l4Ri'R���7.'i.� �. r ��3 � ar � 4 Date: For File No(s): Site Address: ENC. No. ITEM I UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$175 K $175 K-$300 K >$300 K $AMOUNT I. DEMOLITION/CLEARING 1. CLEARING&GRUBBING LS $1,052.50 2. SAWCUT P.C.C./A.C.(UP TO 61-) LF $6.10 $4.10 $2.75 3. P.C.C.REMOVAL SF $4.00 $3.00 $1.50 4. CURB AND GUTTER REMOVAL LF $7.05 $3.45 $2.65 5. MEDIAN REMOVAL SF $5.25 $2.65 $1.60 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA $1,800.00 $1,200.00 $800.00 II. STORM DRAINAGE 1. 12"R.C.P.(CLASS V) LF $210.00 $180.00 $130.00 2. 15"R.C.P.(CLASS III) LF $225.00 $195.00 $150.00 3. 18"R.C.P.(CLASS III) LF $240.00 1210.00 $170.00 4. 24"R.C.P.(CLASS III) LF $260.00 $240.00 $200.00 5. 30"R.C.P.(CLASS III) LF $280.00 $260.00 $225.00 6. T.V.INSPECTION(12") LF $1.25 $0.80 $0.65 7. STD.DRAINAGE INLET(C.C.DETAIL 5) EA $2,800.00 $2,300.00 $2,000.00 8. FLAT GRATE INLET(C.C.DETAIL 6) EA $1,620.00 $1,275.00 $1,042.00 9. STD MANHOLE(C.S.J.DETAIL D-11) EA $5,000.00 $4,000.00 $3,500.00 10. STD MANHOLE(C.S.J.DETAIL D-12) BA $6,500.00 $6,000.00 $5,000.00 11. BREAK AND ENTER M.H./D.I. EA $1,000.00 $835.00 $620.00 III. CONCRETE IMPROVEMENTS 1. SIDEWALK SF $10.00 $8.00 $7.00 2. DRIVEWAY APPROACH SF $12.00 $10.00 $8.00 3. CURB AND GUTTER LF $40.00 $35.00 $24.20 4. VALLEY GUTTER SF $14.50 $11.60 $9.50 5. CURB RAMP EA $1,800.00 $1,500.00 $950.00 6. TYPE 13-1 CURB LF $13.90 $11.05 $8.70 7. TYPE Al-133 CURB LF $17.35 $13.90 $11.60 8. COBBLESTONE MEDIAN SURFACE SF $15.15 $11.05 $7.10 J:\LandDev\Form\SI\EngEst Page 1 Of 4 � CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Date: For File No(s): Site Address: ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$175 K $175 K-$300 K >$300 K $AMOUNT 9. P.C.C.DRIVEWAY CONFORM SF $8.20 $6.30 $5.25 10. A.C.DRIVEWAY CONFORM SF $5.25 $4.40 $3.70 IV. PAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF $5.80 $4.10 $3.00 2. PAVEMENT WEDGE CUT(61) LF $5.00 $2.65 $1.60 3. PAVEMENT GRINDING SF $0.95 $0.63 $0.42 4. PAVEMENT FABRIC(PETROTECH) SY $2.30 $2.10 $1.75 5. ASPHALT CONCRETE(TYPE A) T $150.00 $120.00 $75.00 6. AGGREGATE BASE(CLASS 2) T $80.00 $40.00 $25.00 7. SLURRY SEAL(TYPE II) SF $0.25 $0.20 $0.15 8 AC OVERLAY $52.00 9 SLURRY SEAL(TYPE III) SF $0.30 $0.25 $0.20 V. TRAFFIC SIGNALS/LIGHTS 1. DETECTOR LOOP(6'ROUND) EA $520.00 $347.00 $289.00 2. DETECTOR LOOP(6'x 30') EA - $752.50 $626.25 $510.45 3. DETECTOR LOOP(6'x 50') EA $1,042.00 $868.30 $741.00 4. ELECTROLIER EA $4,000.00 $3,500.00 $2,500.00 5. 1 1/2"RIGID CONDUIT LF $10.40 $8.20 $5.80 6 2"RIGID TRAFFIC SIGNAL CONDUIT LF $19.70 $15.05 $11.60 7 CONDUCTOR LF $0.85 $0,65 $0.55 8 PULL BOX(NO.3 1/2) EA $347.00 $278.00 $214.75 9 TRAFFIC SIGNAL PULL BOX(NO.5) EA $463.00 $405.25 $347.30 10 PULL ROPE LF $0.57 VI. STRIPING AND SIGNS 1. REMOVE PVMT.MARKINGS(PAINT) SF $2.65 $1.60 $1.05 2. REMOVE PVMT.MARKINGS(THERMO) SF $3.70 $3.40 $1.75 3. REMOVE PVMT STRIPING LF $1.50 $0.85 $0.45 J:\I-andDev\Form\SI\EngEst Page 2 of 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Lit - Date: For File No(s): Site Address: ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$175 K $175 K-$300 K >$300 K $AMOUNT 4. STRIPING DETAIL 9 LF $1.30 $0.75 $0.32 -------5---S-T-RIPING-DETAIL 22-------- ----- -- ----LF--- ----$0.32-- ------ -------- 6 STRIPING DETAIL 29 LF $2.35 $1.75 $1.25 7 STRIPING DETAIL32 LF $2.50 $1.85 $1.30 8 STRIPING DETAIL 37(THERMO) SF $2.10 $1.75 $1.15 9 STRIPING DETAIL 38(THERMO) SF $2.90 $2.10 $1.30 10 STRIPING DETAIL 39 LF $1.60 $0.90 $0.47 11. LIMIT LINE LF $1.70 $1.30 $1.15 12. CROSSWALK, 12"WHITE LF $3.50 $3.00 $2.50 13. PAVEMENT MARKINGS(PAINT) SF $3.25 $2.50 $2.10 14. PAVEMENT MARKINGS(THERMO) SF $6.60 $5.05 $3.40 15. PAVEMENT MARKER(NON-REFL.) EA $5.20 $3.50 $2.50 16. PAVEMENT MARKER(REFLECTIVE) EA $6.95 $4.75 $3.65 17. TYPE K MARKER EA $109.50 $92.50 $81.00 18. TYPE N MARKER EA $109.50 $92.50 $81.00 19. SALVAGE ROAD SIGN EA $99.00 $87.35 $75.75 20. RELOCATE ROAD SIGN(W81 ON NEW POST) EA $115.75 $99.00 $87.35 21. INST.RD.SIGN ON EXIST.POLE EA $231.55 $168.50 $126.30 22. ROAD SIGN WITH POST EA $347.30 $277.85 $226.30 23 INSTALL 1226S SIGN WITH POST EA $252.60 24 STANDARD BARRICADE LF $15.75 VII. LANDSCAPING 1. IRRIGATION,PLANTING WORK SF $7.35 2 PRUNE TREE ROOTS EA $147.35 $115.75 $100.00 3 TREE REMOVAL EA $684.10 $526.25 $421.00 4. ROOT BARRIER(12") LF $21.05 $10.50 $6.30 5. ROOT BARRIER(18") LF $26.30 $15.80 $10.50 J:\LandDev\Form\SI\EngEst Page 3 of 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION EVEPMEPRO)ECT ,»d�' f �w6 Date: For File No(s): Site Address: ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$175 K $175 K-$300 K >$300 K $AMOUNT 6. STREET TREE(24"BOX) EA $447.30 $342.05 $315.75 7. STREET TREE(36"BOX) EA $710.40 $589.40 $421.00 8. TOP SOIL BACKFILL CY $26.30 $22.60 $19.05 9 IRRIGATION LS $1,368.25 $710.40 VIII. MISCELLANEOUS 1. PEDESTRIAN BARRIER LF $86.85 $69.45 $57.90 2. CHAIN LINK FENCE(6') LF $17.35 $13.70 $10.50 3. RAISE MISC.BOX TO GRADE EA $315.75 $210.50 $184.20 4. RAISE MANHOLE TO GRADE EA $421.00 $364.45 $315.75 5. INSTALL MONUMENT BOX EA $1,200.00 $800.00 $600.00 6. MEDIAN BACKFILL CY $22.10 $19.70 $16.85 SUBTOTAL PREPARED BY: 10%MOBILIZATION,CONSTRUCTION TRAFFIC CONTROL/PHASING, REVIEWED BY: CONSTRUCTION STAKING CONSTRUCTION TESTING APPROVED BY: 10%CONTINGENCY 10%SECURITY ENFORCEMENT TOTAL FAITHFUL PERFORMANCE SECURITY USE THIS AMOUNT FOR SECURITY J:\LandDev\Form\SI\EngEst Page 4 of 4