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Development Agreement 07/2011 DOCUMENT: 21475292 Pages: 6 II :.ECEHVE Recording Requested byMAR2Oi� q q� Fees. . . . No Fees 29 Taxes. . .I Cop ) I AMT PAID City-of CamigiN CLERK'S OFFICE • ) REGINA ALCOMENDRAS RDE # 001 When recorded mail to: ' )- SANTA CLARA COUNTY RECORDER 12/27/2011 , Recorded at the request of 2:40 PM City Clerk • • ) City __ _ _ City of Campbell_ ) 70 North First Street `) Campbell, CA 95008 ) APN: 282-24-007 (Space above this line for Recorder's use only.) ADDRESS: 1589 S.Bascom Me.,Campbell,CA 95008 • • DEVELOPMENT AGREEN N T . -RECITALS • THIS AGREJ MENT, identif ed by File No(s). ENC2007-00112, is entered into•this S,'�day of c /T , 201 it,by and between Chevron USA Inc.,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 February 27, 2007 the Planning Commission granted conditional approval of a Use Permit (PLN2006-84) for a new gasoline station for that certain real property described in deed recorded December 28, 1994, Document number 8289434, recorded in the Office of the County Recorder, County of Santa Clara, State of California, which property is hereinafter referred to as "said real - property", and commonly known as 1589 S. Bascom Avenue. • The obligations of this Development Agreement shall bind and run with said real property, and • all references to Owner shall include the successors owners of the 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) In lieu :of the requirement to underground all overhead utility lines along said real • property's public street frontages, as described in Section 21,18.140 of the City Code, the Owner or his/her.successors shall provide the City with an in lieu fee per Section (2) of this agreement within 2 months after written notice to the Owner. - • UNDERGROUND UTILITY PROGRAM . (2) Should the City establish an in lieu fee for an underground utility program and/or designate the streets fronting said real property as underground utility corridors, the Owner, or his/her successors, shall provide the City with an in lieu fee in an amount equal • J:\LandDev\1589 S Bascom Development Agreement.DOC 1 • .to.the construction costs for undergrounding all overhead utility lines along the said real property's public- street frontages, not -to exceed Sixty Five Thousand dollars - ($65,000.00). (3) - Should the City not-establish an underground utility program,and/or designate streets 'fronting said real property as underground utility corridors within five (5) years of.the date.of this agreement, the obligation of said in lieu fee shall be voided. , . . (4) ' The Owner's, or his/her successors' obligations contained in this Agreement""that are " accomplished to the satisfaction ,of said City,Engineer by said in.lieu fee shall be . considered to satisfy those obligations. FAITHFUL PERFORMANCE SECURITY __ . (5) .The Owner, shall file with City, security acceptable to the City in amount equal to the - . City,Engineer's estimated cost of the undergrounding improvements to ensure full and . -. faithful performance of the in lieu fee. Said security shall guarantee that Owner, and •his/her successors, 'will provide the City with the required in Iieu fee within the time ' ' - described per Section (1,) of this agreement. This security shall remain in effect until said in lieu fee is paid or the agreement lapses per Section (3) of this agreement. . (6)- 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 otherwiseprovided by applicable law. • RIGHT-OF-WAY ACQUISITION_ (7) The Owner, shall agree to provide the City at no cost with any easement and/or right-of- . _ way upon said:real• property necessary for the completion of said undergrounding . improvements. , INDEMNITY • ` , .- . (8) 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 • i 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: J:\LandDev\1589 S Bascom Development Agreement.DOC 2 i ' . (9) , 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, i which action is brought within the.time period provided for in California Government ,Code Section 66499.37. (10). 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. MUTUAL BENEFIT COVENANTS BINDING ON HEIRS, ASSIGNEES, SUCCESSORS, AND GRANTEES OF OWNER (11) It is acknowledged that the provisions of this Agreement constitute covenants.for the subject real property for the mutual benefit of'Owner's property, commonly known 1589 S.'Bascom Avenue, Campbell, California., and the City's property, commonly described as S. Bascom Avenue and Hamilton Avenue where it adjoins Owner's property. The terms, conditions and covenants of this Agreement shall run with the land, 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 (12) 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 (13) 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 (14) 'This is the entire Agreement between the parties, and there;are no representations, S 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. J;\LandDev\1589 S Bascom Development AgreemenLDOC - 1 s CHEVRON USA, INC. By: Title: Assistant Secretary (Notary Acknowledgment for above signator(ies) , MUST be attached.) CITY OF CAMPBELL By:" 4t/tidt CL4,44,447 Michelle Quinney, City E ineer (Notary Acknowledgment for above signator(ies) MUST be attached.) Approved as to form: • W• 'fa mann ity Attorney Ji\IandDev\1589 S Bascom Development Agreement:DOC • ±4 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Contra Costa On July 5, 2011 before me, Susan Chiu,Notary Public, personally appeared Darin O'Kelley, who.proved to me on the basis of satisfactory evidence to be the person(TY whose name(-is/Are- ' subscribed to the within instrument and acknowledged to me that he/sheft rey executed the same - in his/hoe-their authorized capacity(i,@s);and that by his/her/their signature(s)-ern the instrument the person(s) or the entity upon behalf of which the person(sj-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t issANcHIu y,� Commission# 1926529 iA Notary Public-California z Contra Costa County My Comm:Ex Tres Mar 23,2015 ignature of Notary. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION 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 f this form to another document. Description of Attached Document Title or Type of Document: Document Date:. - Number of Pages: Capacity(ies)Claimed by Signer(s) Signer's Name: RIGHT THUMBPRINT ❑ Individual OF SIGNER ❑ Corporate Officer—Title(s): TOP OF THUMB HERE ❑ Partner-❑ Limited ❑ General ❑ Attorney in Fact ❑ . Trustee ❑ Guardian or Conservator ❑ Other: Signer,is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 $.•.,:,-.`,:•,:•,:,-..,.,:•,:,:•,:•,:.,:•.,:•,-•y:,:,:,:,:,:d-.`•,:.,:,:...,:.,:.,:.,:,:,:,:•,:v:•,:•,.•,:•.`•,:•..,::,:•,",• )i fj State of California C �( L /�' hi County of_�_/a1�/� L �7r& n) •C �j OJ/l r( / ��r On�G G��✓Y/�i-������/before me, D /ii ��GJr'� ✓ Date / Here Insert Name and tl o the Officer personally appeared /?�`%/7e//' ( i- /if'/n(_L� >j Name(s)of Si er(s) 4 , ti ni t who proved to me on the basis of satisfactory evidence to be the person(ej-whose name(s) is/afe- f t subscribed to the within instrument and acknowledged >> to me that .helshetthey executed the same in t• , SHERRIE DOHERTY his/her/their authorized capacity(ies), and that by 1� Commission # 1794081 �lis/her/their signature(s)' on the instrument the t =ii'i " l�ii' Notary Public -California i personas), or the entity upon behalf of which the pi E .�/ Santa Clara County ,. 1v � IMYComm El P 8SMar21 2012 j person, acted, executed the instrument. > t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing t paragraph is true and correct. 5 t si • t WITNESS my hand and official se.I. V Signatures _ �� /1 , hi �f Vi Place Notary Seal Above Signature of •otary Public t 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. Ai Description of Attached Doument Type //,.G L>r�L"p)Oi mi�I'L� '44 ei47'lm/G Title or T e of Do///current: L ! ni Document Date;r',f°G� /, Gv f / Number of Pages: l/2% (/ ) �i t Signer(s) Other Than Na ed Above: ( •acity(ies) Claimed by Signer(s) Vi t4 ni Signer's .---: Signer's Name: C ❑ Corporate Officer itle(s): ❑Corporate Officer — Title(s): ElIndividual RIGHT THUMBPRINT CIIndividual RIGHT THUMBPRINT i OF SIGNER JJ OF SIGNER [IPartner —❑Limited ❑General Top o mb here ❑ Partner — ❑ Limited ❑General Top of thumb here �� CI Attorney in Fact CI Attorney in Fact 5 ❑ Trustee IN stee CIGuardian or Conservator C� ❑Guardia• .r Conservator ❑ Other: ❑Other: • ni Signer Is Representing: Signer Is Representing: 9i \_.'._.. \._.. \__.ti...._.\_.. . ',_.'._.. .._.• \_.\_.\_...._.. .\_,\_,'_.. \_.\2."-. \_.'._..',A_. .._.•_.".2.;0.- A_.—..•-.•-.. A_.:5 _ ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907