HomeMy WebLinkAbout333 W. Latimer Ave. Leslie F
O4.CA.y Office.A mt
�� A City of Campbell
t�
r• Department of Public Works
U ;TM"` r 70 North First Street
° ° Campbell,CA 95008
ti� � Phone:(408)866-2701
o R C H A R O Fax: (408)376-0958
E-Mail:Leslief@cityofcampbell.com
Transmittal
To: Masood A. Minhas, Qinjiang Beal Date: February 24, 2015
Address:
333 West Latimer Ave
Re: Private Improvements in the Public Right-of-Way Agreement
O Urgent O For Review O Please Comment O Please Reply O For Information & Use
Please fmd enclosed your copy of the recorded Private Improvements in the Public Right-of-Way
Agreement for your property located at 333 West Latimer Ave, Campbell, CA 95008
Thank you,
Leslie Fabila
Office Assistant
cc: Land Dev
C:\Documents and Settings\lesliet\Desktop\recorded doc retum.DOC(Rev.03/08)
RECE""Er'
FEB 23 cu15 DOCUMENT: 2282., , 6 Pages: 8
CITY CLERK'S 0rrltsc Fees. . . . 46.00
Copies. .
Recording Requested By: ) a a (Qs I. AMT PAID 46.00
City of Campbell ) N
70 North First Street ) REGINA ALCOMENDRAS RDE # 008
Campbell,CA 95008-1423 ) SANTA CLARA COUNTY RECORDER 1/13/2015
Recorded at the request of 1145 AM
After Recording Return To: ) City
City Clerk ) FEB 2 3 2015
City of Campbell )
70 North First Street )
Campbell,CA 95008-1423 ) 'strati on
APN: 305-19-062 (Space Above for Recorder's Use Only)
Address: 333 West Latimer Avenue,Campbell,CA 95008
AGREEMENT FOR PRIVATE IMPROVEMENTS
IN THE PUBLIC RIGHT-OF-WAY
In consideration for granting permission to allow private improvements to remain in the public
right-of-way, Masood A.Minhas and Qinjiang Beal(property owner) enters into this Agreement with
the City of Campbell. The improvements contemplated to remain are for the benefit of the real property
commonly known as 333 West Latimer Avenue. The City of Campbell grants such permission to
allow an existing fence to remain in the public right-of-way.
The property owner shall be solely responsible for maintaining the improvements in a good and
safe condition at all times; and the property owner shall indemnify, defend, and hold harmless the City
of Campbell, its officers,officials,agents, volunteers, employees and attorneys from any and all claims,
actions, losses, liabilities and costs (including reasonably incurred attorney's fees) arising out of or
connected with,or alleged to arise out of or be connected with the installation, design or condition of the
improvements,except for any claims,actions, losses, liabilities and costs proximately caused by the sole
negligence or willful misconduct of the City of Campbell, its officers, officials, agents, volunteers,
employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and
contribution between the parties,and property owner waives and releases any and all rights to indemnity
or contribution from the City of Campbell, in law or equity,arising out of, or connected with any and all
claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) for which
property owner is obligated under this paragraph to provide indemnity or defense to the City of
Campbell, its officers,officials,volunteers,employees or attorneys.
The City will attempt to reasonably ensure the continued use of the private improvements in their
existing locations. The City, in its sole discretion after giving one hundred eighty (180) days written
notice to the Owner, or his/her successors, may revoke the rights granted under this agreement and
remove the improvements at any time, without liability to the property owner, or require that the
improvements be removed, and property owner shall have no right to compensation from City in any
form.
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In the event that Owner fails to reimburse the City for the costs of removing the improvement
("default")as required by this Agreement, the City shall have and may execute the absolute right, at the
City's option and without demand or notice to Owner,to claim and impose a lien,attached as Exhibit A
and incorporated herein by this reference ("Lien"), on said real property (also referred to herein as
"Collateral"). City's failure to exercise this option will not constitute a waiver of the right to exercise it
in the event of any subsequent default.
(a) Amount of Lien: The Lien shall be for the entire amounts then owing under this Agreement.
(b) Recordation: City is authorized to record the Lien in the appropriate Recorder's Office(s).
(c) City shall have full authority to perform all acts and things that City may consider necessary
or advisable to impose, maintain and enforce the Lien.
(d) Debtors' Warranty: OWNERS WARRANT that they are the owners of the Collateral and
Owners have the right to make this Lien Agreement.
(e) Debtors Covenants: Owners agree:
(i) To pay City all amounts payable pursuant to this Agreement on or before the due
date when due and payable,and to perform all terms of this Agreement;
(ii) To defend the Collateral against claims and demands of all persons and entities;
(iii) To keep the Collateral in good condition; to perform other acts that may be
necessary to preserve the Collateral and protect the Collateral against
unreasonable loss and all hazards,and;
(iv) To immediately notify the City in writing when Owners become aware of any
event that substantially affects the value of the Collateral, or the rights and
remedies of City in relation to the Collateral.
(f) Prohibitions: Without the prior written consent of the City, Owners will not permit any liens
or security interests (other than the City's Lien) to attach to the Collateral; permit the
Collateral to be levied on under legal process; dispose of the Collateral;or permit anything to
be done that may impair the value of the Collateral or of the Lien, which is the subject of this
Agreement.
(g) Notices: Any notice, demand or request required hereunder, or by law, shall be given in
writing(at the addresses set forth below)by any of the following means: (a)personal service;
(b) facsimile; (c) overnight courier or delivery service; or (d) registered or certified, first
class U.S. mail,return receipt requested.
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Property owner agrees to maintain homeowners or general liability insurance with a limit of at
least$100,000 for damages arising from the installation, design or condition of the improvements.
This provision shall run with the land and be binding on the property owner's successors.
Executed this a-. day of t ._, 2014.
m NIL,/
Masood A. Minhas
Qinjiang Beal
(Attach Notary Acknowledgment
For Ali Parties)
CITY OF CAMPBELL,a municipal
Corporation
k. CAP-A-Sap
Todd Capurso
Public Works Director, City of Campbell
•
A 1"1"hST:
Anne Bybee,City Clerk
J:U.andDev\Forms\Private Improvements Agreements in ROW\Latimer W 333.doc Page 3 of 6
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On 1)(--C � before me, . Li iL ` I �,4-,1- �z` )am'�'.1 1,\ 12 tLC
Here Insert a and Tide of the Officer
rrte}
personally appeared
lX I 1 r c►^ ( -�
) e(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my ha an. o►Ic'.
_ SUSAN TRUJILL0
'n �►��- Comm.#2003651 mrn
•$ NOTARY PUSLIC-CA!.!F0RNIA Ul
> SANTA CLARA COUNTY
y MY Covet Era JAr; S 2017 ''
(Signature of Not• Public)
•
1:\LandDevWorms\Private Improvements Agreements in ROW\Latimer W 333.doc Page ft of 6
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA •
On 2�'h '1 & before me, GLORIA A MILLER NOTARY PUBLIC
I
Here Insert Name and Title of lt^he Officer
personally appeared j11401 S00 0 O t 10; 1n I `a
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(.) is/ace-
subscribed to the within instrument and acknowledged to me that he/shthhey executed the same in
his/fir authorized capacity(iet), and that by hisiher/thei'r signatur*) on the instrument the
person(,d), or the entity upon behalf of which the person(i)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragra is true and correct.
GLORIA A. MILLER
Commission# 1090462
Notary Public-California
WITNE my hand an fficial al.
z '• Santa Clara County
My Comm.Expires Sep 7 2016
(Signature o otary ublic)
L{6
.f:\LandDev\Forms\Private Improvements Agreements in ROW\L.atimer W 333.doc Page A of 6
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 1c.i.,4O.—
On Oe_r.eNnbe.! 1212014 before me, ._) .t--'Ntiv\�\A'o` t c.` JV _ ` (4.1\c,
(Here insert name and title of the officer)
personally appeared \)c' C cwc
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
• JOANN THOMASON
, Commission #t1930682
WI ASS my hand and official seal. i i ,.-r; ; Notary Public - California
z "? Santa Clara County
My Comm.Expires Mar 2_8,20251
(Notary Seal
Signs re o Public
• .
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
\} cfe e-ti\tkiCE S .�,( P{ q�,� document is to be recorded outside of California.In such instances,any alternative
�VVV `"` (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
Ve`M I'll `1'I\ Raj.) California (i.e. certifying the authorized capacity of the signer). Please check the
itle or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledg
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(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
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•
Exhibit A
Recording Requested By: )
)
City of Campbell )
)
When Recorded Mail To: )
)
City Clerk )
City of Campbell )
70 N.First Street )
Campbell,CA 95008 )
) •
APN: Space above this line for Recorder's use only
Address:
CLAIM OF LIEN
I, Todd Capurso, Public Works Director for the City of Campbell, a California Municipal
Corporation ("City"),do hereby certify:
A. On or about , 20 , ("Debtors")
executed an Agreement for Private Improvement with the City of Campbell ("Agreement").
B. The Agreement was recorded.in the Santa Clara County Recorder's Office on or about
,20 Document Number
C. The Agreement allowed the Debtor's to provide, construct, and/or install certain private
improvements in front of their property at , Campbell, California, at their
own costs and expense. Pursuant to the terms of the Agreement, the Debtors expressly agreed that if
they failed to comply the work the Agreement, the City was authorized to remove said improvements
and recover the full cost and expense thereof from the Debtors or their successors.
D. The Debtors did not remove the improvements after being notified to do so. Therefore,
the City removed said improvements.
E. In , 20 ,the City informed the Debtors about the improvements
that would be removed pursuant to the Agreement.
F. The City subsequently completed the work. On or about , 20= the
City sent the Debtors an invoice for said work in the amount of$
G. Pursuant to the terms of the Agreement, the Debtors expressly agreed that the City is
authorized to, at the City's option and without demand or notice to the Debtors, immediately claim and
impose a lien on the real property commonly known as , Campbell, California,
APN Number , for the entire amounts then owing under, or incurred
pursuant to,the Agreement, including without limitation,the entire unpaid principal amount.
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WHEREFORE, the City of Campbell, A California municipal corporation, pursuant to the
Agreement, hereby claims a lien upon the work of improvement and the land upon which it is situated,
namely, the real property commonly known as , Campbell,
California, APN Number , in the amount of $
and said amount shall constitute a lien against said property until paid in full.
IN WITNESS WHEREOF the City of Campbell, California,a California Municipal Corporation,
has duly authorized the undersigned to execute this instrument in its name.
Dated: By:
for the CITY OF CAMPBELL,a California municipal corporation
(Notary Acknowledgement Required for Signatures)
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