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HomeMy WebLinkAbout661-667 E. McGlincy Ln. JV bet OCT 1 ( ?016 pk(,HAµV.ice Public Works/Wail Development Review Committee (DRC) ROUTING SHEET X Building Division X Police Department X Fire District Economic Development X Land Development X Traffic Engineer Project Address: 665 E. McGlincy Lane Presentation: 10/20 File No.: PLN2016-290 Completeness: 10/27 APN: 412-30-029 Conditions: 11/3 Applicant: Michael L. Bates Property Owner: Pete Bovenberg Distribution: 10/17 Project Description: Resubmittal of a Conditional Use Permit to allow for Submittal: 2nd automotive repair business (d.b.a. Caliber Collision). Planner: SR DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial � Conditions � 1011.-I .1 Jo I No Conditions Additional information/revisions (see attached) • MEMORANDUM CITY OF CAMPBELL TO: Stephen Rose,Project Planner DATE: 10/21/16 FROM: Roger Storz, Senior Civil Engineer SUBJECT: DRC APPLICATION Site Address: 661-667 E. McGlincy Lane For File No(s): PLN2016-290 Project Description: Conditional Use Permit to allow new automotive repair use Applicant: Michael L. Bates COMMENTS The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. A prior City capital improvement project constructed the frontage improvements along East McGlincy Lane for this property. The applicant / property owner will be required to reimburse the City in the amount of$8,736.00 prior to issuance of any associated building permits, or prior to occupancy should no building permits be needed. The applicant will be required to construct frontage improvements along the Forman Drive frontage as listed in the conditions below. Visit the City's website and follow the submittal requirements for Public Works once this application has received entitlement. The checklist for the various plans required for submittal can be found on the City's Website at City ServicesPublic Works►Engineering►Land Development►Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: 1. Checklist for Street Improvement Plans. The building permit and grading permit will not be issued until all Public Works Conditions of Approval have been satisfied. These Conditions of Approval are a supplement to the project plans with a revision date of September 8, 2016 by Ralf W. Schmidtmeier, Architect. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. J:\LandDev\Conditions\Ping\McGlincy E 665.docx Page 1 of 3 • 661-667 E. McGlincy Lane rLN2016-290) 2. Reimbursements: Prior issuance of any building permits, or prior to occupancy should no building permits be needed, reimburse the City for previously constructed public improvements along East McGlincy Lane in the amount of$8,736.00. 3. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA,2003. 4. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 5. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 6. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 7. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior issuance of any building permits, or prior to occupancy should no building permits be needed, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Forman Drive a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area.No utility boxes, covers, etc. will be allowed in the sidewalk area. J:\LandDev\Conditions\Ping\McGlincy E 665.docx Page 2 of 3 • 661-667 E. McGlincy Lane I rLN2016-290) c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard commercial curb, gutter, sidewalk and ADA compliant driveway approaches. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. 8. Tree Removal: To accommodate the required street improvements an existing tree in the right-of-way will be removed as part of this project. Four new trees will be installed to replace the tree removed. 9. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 10. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped tree wells in the public right of way. This includes, but is not limited to: trees, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 11. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 12. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. J:\LandDev\Conditions\Ping\McGlincy E 665.docx Page 3 of 3 M.B. TECHNICAL SERVICES Memo To: Stephen Rose From:Michael Bates P.E. CC: Date: October 17, 2016 Re: PLN2016-290 Mr. Rose Please find below the responses to your 10/7/17 letter. If you have any questions, please give me a call @ 562.426.3453. REQUIRED MATERIALS AND DETAILS 1. The copyright Release Form has been submitted by the architect. 2. Written Statement a. This facility receives vehicles by appointment only. If a walk-up customer (towed in vehicle) comes to the shop, they will be directed to contact the call center for an appointment. Signage stating "BY APPOINTMENT ONLY" currently does not exist, but can be added if required by the City. b. There will be a maximum of 36 vehicles on site at any one time. This includes employee parking, vehicles under repair, and vehicles ready for pick up. c. Caliber Collision uses a parts cart system that includes all parts removed and to be replaced are with the vehicle during the repair process. (see attached photo) P.O.BOX 9130 LONG BEACH,CA 90810 d. Caliber Collision has an off-site call center the handles all scheduling and dispatching of tow trucks. There will be an on-site manager, office administrator, and parts coordinator. e. All repair activities will be conducted inside the existing building. The only activity occurring outside of the building within the fenced area is a quality control inspection of each completed vehicle to insure that finished product meets manufacturer's standards. f. Caliber Collision normally utilizes a paging horn to communicate as needed with on-site personnel. This is the loudest item on the site. If required, the company can use a Nextel type system for communication with on-site staff. g. Most odors are generated by spray painting. This activity will occur only within the fully enclosed spray booth. h. No additional lighting is proposed for this project. i. Uniforms are picked up on a weekly basis. The delivery of parts is anticipated to occur on a daily basis. The delivery and pick up of vehicles is by appointment only. All delivery vehicles and tow trucks will drive onto the lot within the fenced in area to conduct their business. j. The businesses in the vicinity were contacted via email to introduce Caliber Collision and to request any comments they may have regarding this project. No responses have been received to date. In addition, Mr. Lambert of Lambert's flooring was contacted via telephone to discuss the proposed project. He had no specific suggestions, only that if approved we need to comply with the conditions of operation. Caliber no longer requests the loading zone on Foreman or the relocation of the 2-hour parking. Site Plans & Drawings k. Fencing/Screening is to remain the same. I. The species of the proposed street trees along Foreman will be coordinated with the City of Campbell's arborist. m. The spray booth utilizes fiberglass filters to capture any overspray produces during the painting process. PROCECURAL, OPERATIONAL & SITE DESIGN RECOMMENDATIONS 1. Procedure- It is the property owner's intent to withdraw his appeal to the City's land use revocation if the CUP is approved for Caliber Collision. 2. Caliber operates other facilities in the San Jose area that are of similar size and shape. These existing shops are efficiently operating without any constraints or complaints from neighbors. For example, there is shop in Sunnyvale at 904 E. Argues Ave. that is of a similar size and shape operating without any Code enforcement actions or complaints from the neighbors. The features of each are offered below: • Page 2 Caliber-Campbell Caliber-Sunnyvale Lot size = 16,100 S.F. Lot size = 15,500 S.F. Bldg. size = 6,685 S.F. Bldg. size = 6,000 S.F. Parking stalls = 23 (prior to 2nd driveway) Parking stalls = 21 Repair Bay Doors = 7 Repair Bay Doors = 5 Repair stalls = 16 Repair stalls = 12 Site and Building Design 1. Overall: Caliber has reviewed the conditions of operation of the existing land use entitlement and CMC21.36.140. There are no operating conditions, except for vehicle washing, in which there are any objections. The company intends to wash vehicles inside the existing building as a part of the normal repair process. The site has an existing oil/water separator(clarifier) that is fed by a trench drain (see Al). This is a typical feature of repair shops that conduct vehicle washing. 2. Public Utility Easement: No improvements are being proposed in this project. We are only seeking land use approval. 3. Trash Management Plan: The site circulation is not being altered. 4. Landscaping: See sheet A1. FIRE DEPARTMENT COMMENTS • A Knox box is being added to the gates for emergency access PUBLIC WORKS DEPARTMENT COMMENTS • Form C.3 is attached • No changes to existing pervious and impervious areas. • The City capital improvement project fee will be paid prior to issuance of building permit • Plans have been revised to show: o New curb and gutter along Foreman o New 4' x 5' tree wells along Foreman o Reconstruction of the existing driveway to conform with the City Standard detail D-18 o Removal of one street tree along Foreman o Construction of a new driveway on Foreman that complies with the City Standard detail D-18 • Page 3 COPDMONAL USE PERMIT FOR: ePeanc Notre CALIBERCOLLISION CENTER NEW CONCRETE CURB SEPARATION WALL FOR EXISDNG RAISED PLANTER 665 McGLINCY LANE CAMPBELL CA 96008 (SEE SITE DETAIL DWGS.1YP.) 2. TYPICAL GUEST PARKING SPACES PROJECT DATA: PAINT(SEE CMNLOWCS.TIP.) APN: 412-30. `.ODE SUIAIARY: ZONING: M-1(LIGHT INDUSTRIAL) 3• COSTING GEWALXS(TYYT P)GUTTER wcs. Y WITH CALIFORNIA STATE STANDARDS TITLE 24 LAND USE: COMMERCIAL OCCUPANCY: S3(AUTO REPAIR) 4. siGwALIE° As PER N°cm srLD�(sEE�°mwcs.) (2013 CALFORNN BUILDING CODE 724 PT.2) CONST,TYPE: VN(EJ ISTING BUILDINGS) (2013 CALIFORNIA ELECTRICAL CODE T24 PT.3) FIRE PROTECTION: NON-SPRINKLERED 5. MECHANICAL METAL ROWING OA7E'f0 (2013 CALIFORNIA MECHANICAL CODET24 PTA) PARCEL AREA: .418 ACRES MIDLACCESSIBLE FORR Ed RGENCY� (2013 CALIFORNIA PLUMBING CODE 124 PT.5) FLOOR AREA RATIO: .37 VEHICLES ONLY(SEE LOCKBOX ACCESS). (2013 CALIFORNIA ENERGY CODE 724 P1.6) 6. ADA VEI6CLE PARKING WfTH IMERNA7K7NAL BLUE PARKING SYMBOL.MARKINGS AND NATIONAL FIRE PROTECTION UST: CLEARLY VISIBLE SIGNAGE(TIP.). AK'LATION STANDARDS(NFPA) ALL COMPRESSED GASES AND HAZARDOUS Al SITE PLAN PROJECT DATA 7. NEW CONCRETE AUTOMOBILE WHEEL STOPS TV€CNS USE AND STODE. TO COMPLY WITH A2 FLOOR PLAN AT VQRCLE LOCATIONS 14.THROUGH 17. THE CALIFORNIA FIRE CODE (SEE SITE DETAIL DWGS.). A3 ELEVATIONS a. NEW TREE WELL WfTH NEW STREET TREES AS PER CITY ARBORIST G�APfIC SYMB0L& (SEE LANSCAPE OWG5.) (7YP•)• SECTION 9. IX15ITNC CURB AND CUTTER TO BE A Seotten IdentNeatlan REPLACED ALONC FORMAN DRIVE TIP. A4 Drawing whore eectlan le drawn Q Dotal Inlormalbn I 10. PLANT2A ALONG FORMAN DRIVE (SEE LANDSCAPE OWGSJ. ' Drawbg whore dotal le drawn S1TT7UOR EI.EVARONS 71. FORA N�DRIVE(TREEr°RIA OVEME°MS). o e -FN 111cc Idaftlnm0on (Unfold Merotlaa clockwise) 12. NEW ASIA STREET CROSSWALK ACCESS ° RAMP(SEE SITE DETALS SHT). S2.0o' t8RL00' 13. IXISRNG SLOPED CONCRETE PARKING PROJECT � 1� i• ' AREA TO REWN(TIP.} SCOPE OF WORK �.°,y, 14. EXISTING AUTOMOTIVE REPAIR FACILITY UPGRADE THE EXTERIOR HANDSCAPE AND SURFACE ♦ *-.•t A"s`'t ♦ ♦ TO REW°N AS SHOWN(SEEH SHT.A2). AREA AROUND THE EXISTING BUILDING THAT IS CURRENTLY USED FOR AN AUTO REPAIR SHOP. ` ri,-.,, .. 7785 CONt1111ONK USE MILL ADD NEW STREET '��3 �°• _" ` 15• fM CLARIFlEPR CCHANNEL ANDS RIPRONEMFNTS ALONG I DRIVE MID PROPOSES 'a r e A CLEMIOUT. AN OFF—SITE 2HOUR PARKING AND LOADING ZONE `" I�a_.L I. FJUBT*'BULONG Ti 16. EXISTING APPROVED 3 STAGE OIL G SPECIFICALLY THE PROJECT SHALL CONSIST OF , ':.:) 4 EVIL,2 15. g I26VICE FlLTER WITH METAL COVER UNOERCROUND U11LIf1E5,CRIDMG,R PARKIPINC, 74. ACCESS PANEL(INSPECT MK)VERIFY). PAVING,OWINADE ANO SRBPING FOR PARKING SPACES. ,' 2❑. ❑ 17. 1D'-0'X20`-O TOW TRUCK DROP-OFF b 1.-- A'. MATO�'Y WOP AREA DIAGONALLY STRIPED YELLOW PAINT R�1 I • AREA TO REMAIN CLFAR OF VEHICLES-0192(0 PROJECT TEAM R CORING BUSINESS HOURS(IMP.). f i 4• 1""Ili t7 /JJJr 18. ON S11E EMPLOYEE PARKING ONLY CALIBER COWSION CENTER W 'A- yI � / Ud�.JJJ 2:f„:. 19. EXISTING ON SITE CATCH BASIN CORPORATE HEADQUARTERS 2 Fl 210.12 �LJ " AS SHOWN. HOUSTON,TEXAS < I to PAR�Qq 1 . 20. EXISTING TRASH ENCLOSURE FOR G.^.lw�nnw rrr-wcrR; ,J � 18. SORTING AND RECYCLING MATERIALS. MICHAEL L(GATES PE � I 17', M.B.TECHNICAL AURER C S¢ 7. g 16. - REPRESENTING CAMBER COLLISION ` kr rnbCmbfeehniealeervlaee.00 n _ C`: 562 FDT426 Re 2 \• 4 �1i,•. • IL .FR! IS , RALF W.ARCHRR:5 - 12 '='� ;. - -,;r4•*• ,9 _�'" , k` AREA TABULATION: RALF W.SCFYtl°11IDER,NA "i 120 5,CV 860 LN. p D.x°9.27 "`L l r ,+, „+:,ate _ I .. 20. wens APiOs,G 9fi00.3 71 '� �- �`- 5❑ iVo 531 5 eOtntbo.eorn V ❑ , L — 'fie►:. '1 "" �'�. SYMBOL DESCRIPTION AREA COVERAGE-'831 em 3x97 i4..' +'i F t ``elcrwP— / l • LANDSCAPE AREA 1,265 S.F. 7% �'�,r'/ 6 O tij,�`21L},I�` IO ''''''l:/'(' \k{Ie "�awir . '� 7 PERMEABLE SURFACE AREA 4:,,,,...,, �� * RNEW 1°6.OV 211°2. ii.dit DEL 207.51 '- `• EXISTING PARKING 10.160 S.F. 63% .F;ffiw.L341 DRhEWY ��. DRIVEWAY TOTAL EXTERIOR AREA 11,415 S.F. 7076 ' A -1-, F R Y A N O1.EXISTING BUILDING 6.685 S.F. 303 s ' � 'r � �' pF. R�V 8 f .v-,4,4/,? • i. 'Y'?�A`"'YRi°°`. NC SITE PLAN f.2V-0 �,Sz ?"'.= = I y,- :_ ? TOTAL AREA(PARCEL) 18,100 S.F. 100%i 944 ti, t a' Yx Na PARi0NG DESIGNATION: - • a1 y° � 2 SPACES FOR BUSINESS HOURS GUEsr PARK84G 2.0 ARDy CALIBER COLLISION CENTER Site l is '' Improvements ��++.. ` A, l 1 --.—ADA DISABLED SPACE JO�sc�77a7eR °� ,� I•� t _ • A 1 ,e 10 _ AUTOM081LE5 FOR ETAPLOYEES ONLY 88S MCGIIITcy Lsne Campbell,CA 95008 '¢ ' X.i'„- ,,dd..� b �' 7 AUTOMOBILES FOR STORAGE OR REPAIR .�,c :- • S°I k; I N°.1594° 5 R; 20 TOTAL STANDARD PARKING SPACES \�, R�.el-50-17 a` Ralf W. Schmidtmeier,Architect at,� ; a , rF on GALIQDP 120 SANDPIPER LN.APTOS,CA 95003 tel 831 6853297 �., ��.»-w 3 "Ysxr r� 01 RwI6bT1B 9'&18 -- -- Al Scale Noted i VICNTY MAP Date AUGUST 9,2018 SITE PLAN EDW02NTA • 1. EXISTING CONCRETE 4HR WALL SEPARATION CONSTRUCTION (SEE STRUCT. DWGS.TYP.) (SEE SITE DETAIL DWGS.TYP.) 84•-0' 2. TYPICAL GUEST PARKING SPACES El I MARKED AS VISITOR ONLY WITH WHITE PAINT(SEE CARL MS.TYP.) 3. EXISTING OFFICE AND GUEST WAKING 7 __ ._ _ _.____......._ __ __. ..___.y—.__ — • AREA(TYP.). Ir=r=--=i-1 (------1 El 4. EXISTING GLAZED AREA(TYP.). II L=am PAIL_U SfOR AS SHOWN. ll I ) ❑ OFc1A a1 SVIRCONIR10. 5. DUSTING METAL ROLL-UP DOOR IBE OFFICE II AND LOCKED CCKEESSIBLE FOR EMERGENCY 14, VEHICLES ONLY(SEE LOCKIN BOX ACCESS). p� II __o EXISTING INTERIOR // II 8 DEMOUMABIE WALLS STUD r ❑ Q 1 = 1H SPRAY N © 15. ., VERIFY STRUCT. 9 7❑ N U $ 7. EXISTING BATHROOMS (SEE HEALTH DEPT. REQUIREMENTS). • u (SEE PLUMBING DWGS.). a� II 8❑. 10. h El 10. 8. AUTOAIOTTVE REPAIR d AtAR (STANDARDS BY OWNER) I :sII PREPARATION CI 14. (SEE EQUIP. DWG5.)(TYP.). 1 to 16. 17• 9. EXISTING OFFICE.El II w0!PICE °MCC E ) PAf11 AUTO BODY SHOP -+ 10. AUTOMOTIVE PREPARATION 11. MECH. (AUTO REPAIR BAY) I ^ 11. EXISTING PMTS DISPLAY AREA .� A rJr it 1 -I i. MEM eeeeeeeee�• . r1 n r�1 r�` I Ir 12. EXISTING PORTABLE ISPRAY BOOTH CONNECTED TO AIR FTIER EQUIP. ROOF(TYP.) a o E EXISTING ELECTRICAL_ I , 13-2' 17-0' i3'-2' 12'-0' 13'-2' 12'-0' f3'-2' 12'-0' 14a.1 25'-0' 4'-0' 12'-0' 1 1J'-2' 73' WITH 3PHASE 30V PANEL.HGEM R t88'-0' 14. EXISTING AUTOMOTIVE EQUIPMENT ROOM Af II ' II r TO REMAIN AS SHOWN(SEE SHI). II II I 15. EXISTING UTILITY SINK (SEE PLUMBING DWGS.) N EXISTING FLOOR V8'mf-0' I FLOOR cLPAINT TO OMAIN V18. EMSGNG PAINT MIX ROOM .,1 1 B. ACCESS FILTER WfTH COVER�(VERIFY).AL INSPECTION I I� 17. AUTOMOTIVE BODY SHOP LJ I (EQUIPMENT BY OWNER) \\ I i AREA DDUURNG BUUSINESSN CHHEAR OF ODURS(TYP.). ICLES \ I \ I 18. ON SITE EMPLOYEE PARKING ONLY L 19. EXISTING ON SITE CATCH BASIN ��"� I TO REMAIN AS SHOWN. .�ti 1a. I 20. EXISTING TRASH ENCLOSURE FOR --_____ _ SORTING AND RECYCUNG MATERIALS. "....--•:-.T..-: 1 . I ----•-.._.,,.___.....___.___ i I I I I rail ------L_�_ • 8Eo AR`'``—CALIBER COLLISION CENTER ''F„ Site Improvements 885 MGGllncy Lane Campbell,CA 95008 NO.1544D 3, REN.e-30-17 a Ralf W. Schmidtmeier,Architect r4°OF GAO?f°P 120 SANDPIPER LN.APTOS,CA 95003 tel 831 885 3297 No 9/8/18 S A2 Scale Noted tad Dam AUGUST 9,2018 FLOOR PLAN COWNDw • T SPECFIC NOTES 1. METAL CHAIN LINK FENCE WITH VERTICAL III 141 III I'1!p!P'1 i�l I Ir'IIII iplll!11I11!II 11111!! RWD.PRIVACY SLATS AS SHOWN [IEP.). • II III Ii!II II I I'll �i'III'I lli IIII IIIII I III ll�1` (SEE SITE DETAIL DWGS.) T I u II II III I�:I�lid AL i I:IIII Lill Ii,,ill . 2. EXISTING 4HR.CONCRETE MASONRY UNIT i rJ '•r -r-I� :"T_,.J- .."„%-1.: .__.e-..-4 BUILDING WALL 1,1r� ' 1 (SEE BUILDING . DNG5.IYP.) C,S 3. LJU.IING MECHANICAL ROOF r LI: r r7-T-r:� r 1 .T - SCREEINNJG FOR AIR FILTER EOUIP. (TYP.) 1—r rIr-1:7i, TI, I—L 'yY-r • - T, r- 12 4. EXISTING BUILDING ROOF MEMBRANE w F Iwr Iq w1yl Y"NA"I Iv 7-•'w y^M n --r_'�- �`_r .w.'_ -% I . . L.F111�,--, iL ..,�1,TL. m.P,) dI e „ i 1 , �h4 INI I '1 I --IT,ii� S.L`1',-;r7.1. TrlT�' 1 --T-r_rrr''_ 1 II Ne i' 1 IT i LL_' 'z,]�`ST�TTT 5. 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EXISTING BULDNG ELEVATIONS V8'-T-0' • p A-4-•°.9')..c„, ApN�� CALIBER COLLISION CENTER e R.,F. ..� Site Improvements J sca�mn� 885 McGllncy Lane Campbell,CA 95006 r , 44O.16440 &.,.'........'1.6 Ralf W. Schmidtmeier,Architect r-OA•OA1.1 0 120 SANDPIPER LN.APTOS,CA 95003 tat 831 885 3297 Revisions 9,61618 S Scale Noted teC /^` Data AUGUST 9.2016 ELEVATIONS CO•lr6ENTAL 1/4' sep �1 ' AUb�c 09 O,� DEVELOPMENT REVIEW COMMIT ROUTING SHEET a�'0'Strar;c DEVELOPMENT APPLICATION Distribution: September 9, 2016 Presentation: September 16, 2016 Completeness: September 23, 2016 Conditions: September 30, 2016 ROUTE TO: X Building Division X Police Department X Fire Department Economic Development X Land Development Division ( Traffic Engineer Project Description: Conditional Use Permit to allow for new automotive repair use (d.b.a. Caliber Collision) to establish at the site presently occupied by Modem Bench. Neighbors aware of the permit have requested consideration of permit parking on the street, elimination of a proposed loading/unloading zone, and enforcement measures to be placed on the entitlement which would be readily enforced by the Police Department. File No.: PLN2016-290 APN: 412-30-029 Applicant: Michael L. Bates Property Owner: Peter& Melissa Bovenberg Project Address: 661-667 E. McGlincey Lane Zoning District: M-1 (Light Industrial) General Plan Designation: Light Industrial PROJECT PLANNER: Stephen Rose DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial Conditions No Conditions Additional information/revisions (see attached) IG (,; i, MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Project Planner DATE: 09/19/16 FROM: Roger Storz, Senior Civil Engineer 408-866-2190 SUBJECT: DRC APPLICATION Site Address: 661-667 E. McGlincey Lane For File No(s): PLN2016-290 Project Description: Conditional Use Permit to allow new automotive repair use PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS This application is deemed incomplete by Public Works. Please address the items below and resubmit revised plans. 1. Stormwater Quality: This project is subject to the City's NPDES provision C.3 requirements. Please address the following: a. Submit a completed C.3 data form to document the project's compliance with the C.3 requirements. The form can be downloaded from the City's website at: http::'WW‘N ciTN.ofcampbell.com!DocumentCenter%VieNw!600 b. Include a separate sheet that clearly identifies all of the proposed changes to existing pervious and impervious areas. Please note that for this type of land use, any new or reconstructed impervious areas in excess of 5,000 square feet will trigger the requirement for LID stormwater treatment measures. 2. Street Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The Site Plan shall be revised to show the following. a. East McGlincey Lane: A prior City capital improvement project constructed the frontage improvements along East McGlincey Lane for this property. The applicant! property owner will be required to reimburse the City in the amount of $8,736.00 prior to issuance of any associated building permits, or prior to occupancy should no building permits be needed. b. Forman Drive: Per the Street Improvement plans for Tract No. 3599, the property line along Forman Drive is ten feet behind the existing face of curb. Revise the site plan to show this project improving the Forman Drive frontage with the following street improvements: i. Installation of new curb, gutter and a ten foot attached sidewalk J:\LandDev\Completeness\Specific Projects\McGlincy E 661-667.docx Page 1 of 2 • ii. Installation of 4'x5' tree wells at the back of curb spaced 30 feet on center, planted with new street trees. Irrigation for the trees shall be provided by connection to the on-site irrigation system. iii. Reconstruction of the existing driveway from the site to Forman Drive using City Standard Detail D-18 for commercial driveways. iv. Removal of the one existing street along Forman Drive that would be in conflict with the proposed sidewalk. J:\LandDev\Completeness\Specific Projects\McGlincy E 66I-667.docx Page 2 of 2 and Development Information s t Prepared by: H.E. APN: 412-30-029 Date: 09/15/2016 Address: 661,663,665,667 East McGlincev Lane Lot size: 18,100 (SF) Any found records of building permits in last five years? Yes® (provide info below)No ❑ Was permit issued? Yes Z (provide info below)No❑ If yes: Permit Number: BLD2015-00781 Nature of work: Extend(e)fence,stripping to parking lot., roof screening for mechanical units,and trash enclosure If this project is part of a larger development(new subdivision,new townhomes)or commercial development, skip A through D. Conditional use permit to allow for new automotive repair use(Caliber Collision)to establish at the site presently occupied by Modern Bench B. Proposed additional area (SF} ,t) + ,uc: �S��'? I` ! D. Percent increase (B/A): (if less than 50%. stop research Tract or Parcel Map: TR 3599 (Tract#or book&page) Date recorded: 03/23/1964 Any found records of Storm Drain Area fee previously paid? Yes 0 (provide info below) No El (Fee initiated for residential subdivisions 4 8/15/55;all developments 4 5/16/60) Date paid: _ Storm Drain Area fee: 0.42 (area in acres) X $2,650 (fee/acre) = $1,113 Within STANP? Yes❑ No ® (check one) STANP Requirements: Curb❑ Gutter 0 Sidewalk❑ Rolled curb 0 None❑ NA El Existing improvements present? Curb® Gutter ® Sidewalk ® Rolled curb 0 (check all that apply) Sidewalk dimension(BOW to FOW): 8' Forman Dr., 10' McGlincev Ln. Park strip dimension(F0W to BOC): None Driveway dimension(s): 20'each DW D/W ADA compliant? Yes® No ❑ NA ❑ Ramp ADA compliant? Yes 0 No® NA ❑ Street ROW half width(CL to PL): 30' each street Date that street had been resurfaced: Jun. 2005 Street light info: JP ❑ older pole 0 galvanized pole Water meter and sewer cleanout info: Not fount SD inlet and/or manhole(relation to frontage): One CB and a MH are located at the junction of Forman Dr.and McGlincev Ln.and Two CB and a MH are located about 100' away of property on North side of Forman Dr.(Please refer to Drain System Map) Electrical panel relocation? Yes❑ No® NA 0 Overhead lines fronting property? Yes on McGlincey Lane and No on Froman Drive A.Roadway Classification: ®Arterial or Collector O Local B.Commercial structure or subdivision of 5 or more? ®Yes ❑No Utility undergrounding required? ®Yes ❑No Provide details and attach pictures(8.5x11),assessors map(11x17)and aerial map(8.5 x 11),WVSD SD system map (11x17,B/W),SD Map-CAD File(8.5x11) • `i Pacific Telephone" .01 "cATV" I ; N> A t • pi 1 i. . r. AlIL Water" 1lill l• - 0S U� I I a, y Q I % ._,.... .v Apo .., D t A. ‘44011114.11IF .\ , ,.. -, . , , \coliffir,•• „ 10\. \ a or' , \tsk , 48 e \ 07 •\.,... _ ao �r• �� : 111C "Water" filik 11PLIII\ t • . � �.�` \ furYdMnt 's_ S �L� r a AP i I— A- A VI .. _ , . s 46: - ., -- — ' ": . .. _ \\I 61 I%"....' * •...-\ • treet Sign 4O „s. AI IZED SL �% .. 6� ' "Pacific Telephone" , � � y _ r �� MG • -�� / ALVANIZED 661, 663, 665, 667 East McGlincey Lane H.E. 09/16/2016 ' o.a 0 • a 46) t.� 1 w Front view, facing north, McGlincey Ln. (overhead lines) "Pacific Bell" 4 - ,. ri 1'`"''._—_--.., iota. ate ,,, ilk ,.. ' i'pp:alik 4 #4 1t DW 20' 4 i h e riv e Side view, facing west, McGlincey Ln., Side view, facing east, McGlincey Ln., (no ADA ramp) (20' driveway)Ilif ..;yam. '. 1 i t 3 \. � � ....1.—. � 1 r 4 _ .I, jiiii 1083598633 ROW 30 ,,.« • 41 ,..„6. a ry 0IYlM1Yf • ' . . 'I r w. .� Side view, facing west, McGlincey Ln. "Pacific Bell" next to the ramp, McGlincey Ln. Page 1 of 2 661, 663/ 665/ 667 East McGlincey Lane H.E. 09/16/2016 k 4' Front view, facing west, Forman Dr., before Front view, facing west, Forman Dr., after driveway driveway , "Water i Mr' ^ Meters" . • l- ii lit f ' �. r'''',-,4iii; �. ,� erg., ,,, ,,ii _,� ROW 30' • Side view, facing south, Forman Dr., Side view, facing north, Forman Dr., (no pavement sidewalk) ' (no pavement sidewalk), ,,,, :It 3'I0kM3 ill L ;;I FH fiJr2;I E , .t,i ,,,, $.;,_, A1ETE�. t DEL Er a "CA TV" "Pacific Telephone" "Water Meter" "Water Meter" All on sidewalk of Forman Dr., very north side of the property Page 2 of 2 LLI a 6ronde , ti z OWNER'S CERTIFICATE �� L a a d s o f 5 w a a L o /7 d $ a f V / a s i c A e Q9 ,!( o We hereby certify that we are the owners of,or have some right,,IleorInterestinand to the real properly included 40,4i v O4w:tea ure zkv/rr.... ° z CA.foi6EG.L C/TV t iM,rf Y ea'F2J/IJJB/,)` Y, 2a 1 aI'sfrip Lathe Gly of lompbe!l. :—I'shipIv the 4 of Campbell. ; ��___——3as.I---—— --- o within the subdivision shown upon/his map;that we are the only persons whose consent is necessary ta pass o c%artlle *.k le_________ L_J_____ __—I .9.89°5636'E—— _ f ____ —_ _ ___ ., — —___ 1258.51 ' r.4, "Gv. ti to said real property and we hereby consent to the making of said ma and subdivision as shown wifhmfhe blue border 175.00 30•�30p0 199.98 !38.97 jpA5'j0 213.59 80.15 105.1A o' 85.56 IQ7.Q /32.55 — h p P y y P w " 0{ 30 lines and we hereby dedicate to public use al/streets andpationsof streets not heretoforeexisting as shown on sal dmap Q m o N L I d 5 ° i Ohio said subdivision,and also dedicatepublic use easements for on and all ubl%euses under,upon or over said 18 m 9 $ 1 30 0 I.°° t o„i°Frff& 9 P r -.° 17 -m p°.',`30' �a m Ws ��u- .;�q.ta:,.e •^ I-� a I - I. G P Re 03 34,..,; i pa za "'•. 5.89'5636E. 20 _ \ I - s.89°5636'e.w'°=�• ' streets and portions thereof • ' K ao S 1229556E 20805 I a' m c i 142.54 We also hereby dedicate to public use easements for all public service focilit%es Including pales,wires,canduits,sformsewers, y h e N,' 5.89°5536E. o` 1k._.....--2,,,,,,,,,, 199.16 l ° ao = a aw? P-Yom.r1 sanitary sewersond as,woierand heat mamsand all pub/icufi/itiesand0ng and all appurtenances fafheabaveunder g ti, 176.02 >1- m t .�► a- I I a p y g 9 a en o ....1 „ X0°0,, 9 0 '\'- ,. 41 on ar averthose certain strips oflond lying between fherearl%Res and/ors%de/rnesaflafsandfhe dashed!%Res each Z ,� N6W 32 � denignatedas'RUE."(Pub/%e Ufi/%ty Eosemen easements underupanar overthose eerfa%n strips oflanddesinated m 9y •6F2:,,,. ,a� of m m os A.E.(Ancharfasemen}�forpo%aneharpurpases only,and easements for wire clearance purposes only over those certain o�v m - ' R�1,,334.B� 0°�° o o, b >I~ p I ?44:2110:41. ai 1e m .,-E; ships of land each designctedas'IY.C.E.°(Wire Clearance Easemenf).Public Service and,OnchorEasemenfstobekepifree z 0 �i,, �,t°"t/4.,t, ',.:,,,.4.,,9 S"uo- c"y°0(•' 9 °•x,60 I aow y and clear of buildings and structures of arykind exceptufihty company structures and lawful fences Wire Clearance b�°A s,°o d, •,,,,,N49.3 s�4�°�yyh\\� R:. 59: •.\SAO° �q a pg°0913 D°9°tl'56° 40 ?:zoaa. rld g .I 0• u 52 °0jo- f' a �000 o ,°y°�0�':"�` 1: 1 plQO 0b911 56.19 D P%loaf �a, �0. •�P• Easements to be limited fobuild%n s,structures and appurtenances thereto which have a maximum heightaf fifteen i ,,,,„4„,3 q, o• o/ s 6 -A°358--'105.90-T_ 105.96 1 105.00 - r';�'?°" <?�s�' jh �� feet above the redea//ke ground line gooks. • o d 9 .0 ` A0.90 L' ,, ?la,O c•• � "0:,;04,:t.,;„ea 13b1_o _- -N.85'46'18'W.-_ ____95.°0,,,,„.'::'. 5.00 ,u�C' •, rct 9 g a •I `� +,•'°4'• 43„ o ?v:6Qp !`BS's4ni '°oo°s`• \0 p.4°0413"G 3 i1°20'09-r___"--C.anreecc c�ryuxirr 5.85°46'18' ,(39.59' si,rQ. WealS2tdhBtrOriewheeindicated the s�r%fheCit oflomODbe/I width shownacross a said map fhh end sadsbdiw�bn.¢ o. o r,./ 1A°320 L96.82 ' E 484.3` _.__ — ��, co G and West, ¢ e ?Strip City P " �, P +-W,,.� /ps, • Sg .r° �'A/) o q3 ! e0h�•�, `4591... 1y E 53.97 NMP rY 4.H . S I c •,, A /b ! F'� o. `•`• 00• ��• 0 •p3•� l1BW+ 8155333 �. LAN ..C-� '7E, i rrs__�--- r5a� �' `' ° :SAe \\ .s° e�OAti \oo�9`ie�`o��3; IA .A` Ill9 N,g �•�'�°14.�4 �iSy:•9I•�'s'�A 9S 0 R•4�'�1.,,,-end \gyp' • t,0 AN DREW T PAN,, o partnership,Owner. --—\_ I .r ap/l.' B �yb 0 00 / 0 0°''��°'0i4'>" •moo `o b� c. o Z/7 \0is0 i y t\s z."' o° °+�fA \o .N AMER r�y o 44.S 4g sus,\ '4.e..'"‘"; oo s�� A° ¢ / ey0� `A �"3-,17.--:".-;> ^ �- o o% R e.:., +,°o y°°/�e"0'3 .— WESTERN TITLE INSURANCE COMPANY, a corporation Trustee.0.O X `'X -•5 `�^ 4y 20 d ,,0- A„,"of' VICE PRESIDENT —— \ 4551574NT SECRETARY oc•� s F" 1E 50'6 b j op t 000 hgo090�,`4,° a a /„ 0 • 0o s a o / 'o tp•O� S y1°41TS c$3' STATE Of CALIFORN/A 1 C4°ti°0�`a�0� On this ?.6_:_.'.4 oy� J 2ry_,1964beforeme, 'u���cm�e— allo/eryPublieinondfor EBE�" said State and Counfy,residingfhere%n,duly commissioned and sworn,personally appeared2i_G Boro/r .• ce" known to me to be a partner of Roman Development Conipany,theparfnership that executed the within instrument°da/sa /7S ,if• known tame to be the person who executed it on behalf of said partnership and he acknowledged to me that such 47 partnership executed the same,asOwnen /• IN WITNESS WHEREOF there hereunto set my hand and affixed my official seal the da and year in this eerf%ficate first above wrifle/z P_e_.--' CITY ENGINEERS CERTIFICATE __ C��W7,ble NOTARY PUBLIC Thereby certify that I have examined the within final mapof Tract Na.6599;that the subdivision as shown thereon Is substantially the some asit appeared on the tentative mapondany approved alterations thereof;that a//provisions of/he Subdivision dapAcf,as amended,and of any local orthbances applicable at the time of approval of the tentative map have STATE OF CAC/PORN/A 1 been complied with and that/am satisfied that said maple technically correct. COUNTY OFSANTA CLARA Ss. Dated M arch !F3 '96'f D ''L +'*�.- onfhis 4.5 day of fe. u/?RJ!_,1964 before me, H ' e —,a Notary Puke in and tor MY ENGINEER said State and County,residing therein,duly commissioned and sworn,personally appeared / 2.a"a?o and _tin 1c E__,knownfo me to be the Vice President and 4ssistoniSecretnry,respecfrvely,op Nester°Ne BASIS OF BEARINGS Insurance Componylhe corpGrafion*at exrcuted thew/fh%n instrument codex known to meta be the persons who executed* same on behalf of said corporation mike/acknowledged to me that such corporation executed the same,as Trustee. • The bearing,it 56'55'00"E.,of the centerline of 4/alincey Lane as shown on"Recardof Survey of Steve lap/o%Properly; IN WITNESS WHEREOF,!have hereunto set my hued and affixed my official sea/the day year' this certificate first CITY CLERK'S CERTIFICATE recorded in Baak 77 at'Maps at page 14,Santa Clare County Records,was token as the basis of bearings shown on this map. above wriffen. 17 15 ORDERED that the map of Tract No.3599 be,and the some is hereby approved;that the atreet4 portions of streets, —--76r,•,..— '--—— and other parcels of land shown upon said map and}hereupon offered for dedication to public use be and fhesame are hereby _�/.f,! ..gkye ezz._ NCTARY PUBLIC accepted for the purposes for which the same are offered for dedication. NOTES AND LEGEND • I here certify that the foregoing order was adopted by the City Council of the a/goP Campbell at o meetmg held on the Al/distances and dimensions are shown in feet onddecimals(hereof. _2.2..-:..!day of /Lilted— 1964 / Z30)-TX y r e a e.7'-A 4 N/C'/Ty. Ucr`C /b . C� -- The blue border line indicates the boundary of the land subdivided by this map, �/ (/ i- . Indicates monument found as Rated. / ��✓P'rCITY UENCiL OF T• E'CAMPBELL o Indicates Miran pipe monument set TRACT N O. 3599 CL7Y LVUNCIL Of THE Y of CAMPBE[L e Indicates Standard City Monument set. °`�°/'°PSS"'°/° /at corners. WESTCHESTER INDUSTRIAL PARK COUNTY RECORDERS CERTIFICATE File No. 2S779‘6_ Fee>0( 0D Paid. CIVIL ENGINEER'S CERTIFICATE BEING A PORTION OF THE N.E.i/4 AND S.E.1/4OF SECTION ES,T.7S,R.1W.,M.D.B.&M. Accepted for record and recorded in gook/2..1_. of Maps at a e 46.Z in the office of the County Recorder of 1,EugeneR.Masfin,allegisfered Civil Engineer of the Stole of California,herebycertify fhof this map,consistingof onesheei,carrec/ly LYING WITHIN THE CITY OF Sonia Clara County,Slate of California,this dayof a _—,1964,of 1'-2"L ..M, represents a survey made under my supervision in September,196 thoilhe surrey is frueandcornple/as shown;thatallmonumeats CAMPBELL CALIFORNIA. PAUL R.7E/CH,Cu/y Recardec shown thereon actually existorwillbeset before—EehcLrary __—,1255;that their positions are correctly shown s �o and that said monuments are sufficient to enable the survey to*re/raced 2 SCALE:1"-100' SEPTEMBER,19 63. Denny -- Doted�ebt�ary?S!9 _ —1 y R¢0tw/LEM/M¢ER• A7EM0.5567 MASTIN a KINGSTON CIVIL ENGINEERING—LAND SURVEYING ERR 40 W00DHAMS R0AD,SANTA CLARA,CALIF0RNIA. SHEET I OF I SHEET '19-53 ell r/ City of Campbell Storm Drain m Page 1 of 1 City of Campbell Storm Drain System with Web AppBuilder for ArcGIS by Santa Clara County ISD-GIS EL .Lo Si EL PASEO S1 I + 665 mcglincey In campbell X�CL how s:a ch res Its for 665 m... 15"RCP(T4534) Legend 15"RCP(3-3-16,053) 24"RCP(P67-3) 24"RCP(P67 • City of Campbell Storm Drain System Storm Drain Structures < Manhole • Catch Basin �T w Outfall • Drain Inlet • Bubble Storm Drain Conduits O� — Storm Drain Conduits City Limits City Limits Cities • ` tN`i_Y Lt� 18"RCP •(LID 4) . A.INi;IA N 18"RCP �s f NV CS' ,�T sue 4 a c> • • o NI•SC? 4)"‘ OG '` 1 i Oft S- 37.284 21.936 Degrees All Rights Reserved http://sccgov.maps.arcgis.com/apps/webappviewer/index.html?id=ee7cd 17bafdc4c 1 ead74e243b7ce8455 9/15/2016 O FFIC E O F COUNTY ASSESSOR SANTA CLARA COUNTY , CALIFORNIA BOOK PAGE 412 30 I 29 I I 1 8 0' / _W�1 Fit. ' I P G. 8, E. 06 ESMT 1\\\ -E / T R I `S J 0.20 AC. 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I Iy \\,,,, / 0.35 AC. °o\ \ I I I I I PLAN.' m PLAN. -145 ss \ \Z Iti v� B 14 ' 'Le `21 30.80 31 49-71 ',n CO .�7) \-*:(-),- - ,0 Q \ \ . . 56.13 I I I `°' 695 A/5/C ,447 7/S 745 1 12 J I 20 LLJ U o �o �� �' 0.31 AC. \\ $p2 56 /63/65/67 ,-6.5•9s6 1 I 1 I i12 48 0.60 AC. /'9 13 `\ PLAN. \ 9$ 6 1 . t t., s t\ + 05 I ® :jIs 0.33 AC. , 38 55 °- / IS.C.V.W.D. ,I !2 \\ 6a5 �\_`G`i I eas 1 m 0 m1J 6 G �V TRACT N2 3599 LANE 3959 20 1a_ �W •22-9. a MG I 2?os . Z M / 9-. ' 40 .s \\ EP /0/E WESTCHESTER INDUSTRIAL PARK I z.>3 '. .\ < 0 o 625P/B/ I, 41 615 b, 0 46` ` X601 / ic2yc' NO 595/1/ (1.) 36 ci s ,/y ♦�h� ,Jr- O. i 7RC D . MAP 107 0.09 AC. IA / LAWRENCE E. STONE — ASSESSOR P•LAN.• " l Cadastral ma p for assessment u P 1P oses only. y- Compiled under R. & T. Code, Sec. 327. Effective Roll Year 2016-2017 Recording Requested by: j 23755797 RECEIVED Regina Alcomendras City of Campbell ) Santa Clara County - Clerk-Recorder NOV O2 2017 f'c - Cb1i. CoPE, tot°5 ) 09/19/2017 08:20 AM When recorded mail to: ) CITY CLERK'S OFFICE ) Titles: 1 Pages: 11 City Clerk ) Fees: 10.00 Taxes: 0 City of Campbell ) Total: 0.00 `I Y ♦r Iifi ��� I + �} 70 North First Street ) 11111 �1P'T'IIIIj'I�1���L��'I�fi,`��� V I Ir•�!'�11L��r�l�'7��L'����'I�I Campbell, CA 95008 APN: 412-30-029 (Space Above for Recorder's Use Only) Address: 661-667 East McGlincy Lane,Campbell,CA 95008 STREET IMPROVEMENT AGREEMENT RECITALS THIS AGREEMENT, identified by File No(s). ENC2017-00184, is entered into this day of --I-54-pm 1 , 2017, by and between PETER BOVENBERG AND MELISSA BOVENBERG,HUSBAND AND WIFE,AS JOINT TENANTS,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 November 22, 2016 the Planning Commission granted conditional approval of a New Automotive Repair Use (PLN2016-290) for that certain real property described in Exhibit A attached hereto and incorporated as though fully set forth herein, and commonly known as 661- 667 East McGlincy Lane,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. J:'LandDev\Forms\2.AGREEMENTS-PIA 51A DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred Word Document of Agreements\McGlincey E 665 SL.doc(Rev11/13) 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 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. 10494 as adopted by the City Council on May 3, 2005, 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. FORMATION OF A SPECIAL ASSESSMENT J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street lmprov and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 2 (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 to satisfy those obligations. 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, 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. (13) The Owner, and his/her successors, shall also indemnify, defend and hold the City of Campbell, its agents, attorneys, employees, officers, officials, and assignees harmless J:\tandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 3 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, 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) In the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City. The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement. (16) 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. (17) 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); and J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 4 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: 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, 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, 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, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, attorneys, employees, J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 5 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, its agents, officers, attorneys, employees, officials, and volunteers. 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, 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 A:VII 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 J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 6 received and approved by the City before work commences. 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 • (18) 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 661-667 East McGlincy Lane, and the City's property, commonly described as East McGlincy Lane and Forman Drive 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 (19) 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 (20) 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 (21) 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 (22) Owner shall provide and construct public street improvements per improvement plans titled "STREET IMPROVEMENT PLANS - OFFSITE — 665 E. McGlincy Lane — ENC2017-00184"which are subject to approval by the City Engineer, prepared by James Fox,P.E.. J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 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 2059 adopted September 20, 2005, and said Owner has caused his/her name to be affixed the day and year first above written. \ ... _... , Pet r Bovenberg Mel Ssa Bovenberg , by and throug ier Attorney-In-Fact, Peter Bovenberg, Pursuant to Durable Power of Attorney Dated: 3/e7/ I GI CITY OF CAMPBELL (c.-1,- r. -;kS .c=) Todd Capurso, Public Works Director City of Campbell (Notary Acknowledgment for above signator(ies) MUST be attached.) Attest: endy d, City C erk J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 R ALL PURPOSE ACKNOWLEDGMENT • A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Santa Clara ) On September 12,2017, before me, Kristina M. Ellingsen,a Notary Public,personally appeared PETER BOVENBERG, 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 hand and official seal. KRISTINA M.ELLINGSEN ;x, 11'1; Commission#2123522 Signature�-b pP�;pprn( ) �� Notary Public-California z �� r - Seal �' rY `a-'p," Santa Clara County Comm. res Se 11,2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of �c�-- On Se t \L-\1 Z 11 before me, A .r\�� /\csrv\c.5O,.(-\ No tc..r y f3,„;0\;e__,e__. , Date Here Insert Name and Title of the officer personally appeared oc\c\ c±c-.{V,e SC Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(srwhose name(Sfis/are subscribed to the within instrument and acknowledged to me that he/sk'e/trey executed the same in his/-hit authorized capacity(ie , and that by his/hefbti'reif signature(s)on the instrument the person(, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the J0ANN TH0MAS0N laws of the State of California that the foregoing �.p..�rte. Commission#2110789 paragraph is true and correct. ,Notallotary Public-California Z M`` 1J Santa Clara County r WITNESS my hand and official seal. LT.4 My Comm.Expires May 9,2019 Signature Place Notary Seal and/or Stamp Above Sign ure of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document _ Title or Type of Document: 3 3.. • ��\�t �� lr- Document Date: G`\LA\-1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): 0 Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual O Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association EXHIBIT "A" Legal Description For APN/Parcel ID(s): 412-30-029 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 9, as shown on that certain Map entitled, "Tract No. 3599, Westchester Industrial Park", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 25, 1964 in Book 175 of Maps, at Page 47. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California Corporation recorded on May 5, 1964 in Book 6491 of Official Records, Page 278. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 3 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 Recording Requested by: ) 23755797 RECEIVED City of Campbell ) Regina A 1 comendras p ) Santa Clara County - Clerk-Recorder NOV 0 2 2011 c 14,113" ) 09/19/2017 08:20 AM When recorded mail to: ) CITY CLERK'S OFFICE ) Titles: 1 Pages: 11 City Clerk ) Fees: 0.00 Taxes: 0 City of Campbell ) Total: 0.00 70 North First Street ) '�II �µ', '���,' '��tilt��'Ie'�!'�'�' infilitill1►1�, 'III) Campbell,CA 95008 APN: 412-30-029 (Space Above for Recorder's Use Only) Address: 661-667 East McGlincy Lane,Campbell,CA 95008 STREET IMPROVEMENT AGREEMENT RECITALS THIS AGREEMENT, identified by File No(s). ENC2017-00184, is entered into this day of I O , 2017, by and between PETER BOVENBERG AND MELISSA BOVENBERG,HUSBAND AND WIFE,AS JOINT TENANTS,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 November 22, 2016 the Planning Commission granted conditional approval of a New Automotive Repair Use (PLN2016-290) for that certain real property described in Exhibit A attached hereto and incorporated as though fully set forth herein, and commonly known as 661- 667 East McGlincy Lane,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. 7:1LandDev\Formsl2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursemem Development\Specific Agreements-Street lmprov and Deferred\Word Document of Agreements\McGiinccy E 665 SI.doc(Rev11/13) 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 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. 10494 as adopted by the City Council on May 3, 2005, 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. FORMATION OF A SPECIAL ASSESSMENT J:1LandDev\Forms12.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Deve1opmentSpecific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 2 (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 to satisfy those obligations. 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, 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. (13) The Owner, and his/her successors, shall also indemnify, defend and hold the City of Campbell, its agents, attorneys, employees, officers, officials, and assignees harmless J:\LandDev\Forms\2.AGREEMENTS-NA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 3 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, 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) In the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City. The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement. (16) 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. (17) 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); and J:1LandDev\Forms\2.AGREEMENTS -PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 4 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: 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, 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, 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, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, attorneys, employees, J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI-doc Rev 11/13 5 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, its agents, officers, attorneys, employees, officials, and volunteers. 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, 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 A:VII 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 J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 6 received and approved by the City before work commences. 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 • (18) 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 661-667 East McGlincy Lane, and the City's property, commonly described as East McGlincy Lane and Forman Drive 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 IN 1'ERESTS (19) 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 (20) 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 (21) 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 (22) Owner shall provide and construct public street improvements per improvement plans titled "STREET IMPROVEMENT PLANS - OFFSI'1'h — 665 E. McGlincy Lane — ENC2017-00184"which are subject to approval by the City Engineer, prepared by James Fox,P.E.. J:\LandDev\Formsl2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Specific Agreements-Street Improv and Deferred\Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 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 2059 adopted September 20, 2005,and said Owner has caused his/her name to be affixed the day and year first above written. (-OWNER I et r Bovenberg(� ',Mel��sssa Bovenberg , by and throug er 'At.tdrney-In-Fact, Peter Bovenberg, Pursuant to Durable Power of Attorney Dated: ,3/x_ 7/ j 9 q CITY OF CAMPBELL Todd Capurso,Public Works Director City of Campbell (Notary Acknowledgment for above signator(ies) MUST be attached.) Attest: endy d,City C erk J:1LandDev\Formsl2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\SpecitIc Agreements-Street Improv and Deferred1Word Document of Agreements\McGlincey E 665 SI.doc Rev 11/13 ALL PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document State of California ) County of Santa Clara ) On September 12,2017, before me,Kristina M.Ellingsen,a Notary Public,personally appeared PETER BOVENBERG,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 hand and official seal. KRISTINA M.ELUNGSEN Commission#2123522 z Signature-- � C`pp1 . (Seal) z G4 `r'! Notary Public-California g Santa Clara County --- Pt Comm.Ex=Se 11.2019 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 l County of v\'cia C`.10.4-o--- On Se Vc-e:w, ,C \-A 1 7_611 before me, oven "� .qty �U�\‘c, , Date Here Insert Name and Title of the bfficer personally appeared \ 063 2c ( u's Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(srwhose names/ara•subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ authorized capacity(le,$); and that by his/he-Ohei.signatures on the instrument the person(sr);or the entity upon behalf of which the personbrf acted,executed the instrument. I certify under PENALTY OF PERJURY under the ,. JOANN THOMASON laws of the State of California that the foregoing 4 � Commission #2110789 paragraph is true and correct zL'f Notary Public California z Z1• u'J, y Santa Clara County D WITNESS my hand and official seal. My Comm.Expires May 9,2019 J Signature Place Notary Seal and/or Stamp Above • Sign ure of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document t� Title or Type of Document:• �J 4 L2.(O\-1 (,2- ' ‘c(Na G\N AC LA'� -- Document Date: a\1�\‘-1 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: • ❑Corporate Officer— Title(s): O Corporate Officer—Title(s): ❑ Partner—•O Limited O General - O Partner— O Limited O General ❑ Individual O Attorney in Fact 0 Individual O Attorney in Fact o Trustee O Guardian of Conservator O Trustee O Guardian of Conservator • . ❑ Other: O Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association EXHIBIT "A" Legal Description For APN/Parcel iD(s): 412-30-029 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 9, as shown on that certain Map entitled, "Tract No. 3599, Westchester Industrial Park", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 25, 1964 in Book 175 of Maps, at Page 47. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California Corporation recorded on May 5, 1964 in Book 6491 of Official Records, Page 278. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 3 CA-CT-FWPS-02180.054980-8PS-1-16-FWPS-Tai6001516 of W / f V O O C'*t .*O,L PUBLIC WORKS SUBMITTAL REQUIREMENTS City of Campbell Department of Public Works www.cityofcampbell.com 4 Public Works 4 Land Development **A. ITEMS REQUIRED FOR PARCEL OR TRACT MAP SUBMITTAL: 1. Utility clearance letters from public utilities or copies of letter requests(see page 5 of item 7 below for sample) 2. Two(2)copies of the Preliminary Title Report(current within the last 6 months) 3. Two(2)copies of the Grant Deed(s)for the subject property(ies) 4. Two(2)copies of all referenced maps and documents used to prepare the Parcel or Tract Map(deeds,maps,etc.) 5. Map Plan Check Fee paid 6. Four(4)Sets of Parcel or Tract Map 7. Check List for Parcel Maps and Tract Maps 8. Two(2)copies of Closure/Area Calculations 9. Soils Report 10. Submittal appointment time scheduled with Public Works Project Engineer **B. ITEMS REQUIRED FOR STREET IMPROVEMENT PLAN SUBMITTAL: 1. X Preliminary Title Report(current within the last 6 months;proof of ownership may be substituted with City's approval.) 2. X Encroachment Permit Application complete 3. X Applicant signature and date on Encroachment Permit(front and back) 4. X Permit Application Fee paid 5. X Plan Check Deposit paid(2%of Engineer's Estimate,$500 min)Receipt Number 6. X City Engineer's Estimate Completed and Submitted 7. X Four(4)Sets of Street Improvement Plans with City Standard Title sheet and standard border on all sheets. 8. X Check List for Street Improvement Plans 9. X Submittal appointment time scheduled with Public Works Project Engineer **C. ITEMS REQUIRED FOR GRADING&DRAINAGE PLAN SUBMITTAL: 1. Four(4) Sets of Grading & Drainage plans (24" x 36" size sheets) submitted to the Public Works Department with City Standard Title sheet and standard border on all sheets. 2. Grading Plan Review Fee paid 3. NPDES Review Fee paid 4. Check List for On-Site Grading&Drainage 5. Soils Report 6. Stormwater Management Plan—C.3 Regulated Projects Only 7. Submittal appointment time scheduled with Public Works Project Engineer **Response Letter: Upon submittal of the Parcel/Final Map,the Street Improvement Plans and the Grading and Drainage Plans,the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. J:\FORMS\Templates\Land Development\Public Works Submittal Requirements rev. 12/16 CONDITION OF TITLE Guarantee Number: Issued By: FWPS-TO16001516 O CHICAGO TITLE INSURANCE COMPANY CS4711008497-1 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Insurance Company By: Chicago Title Company 4O44:4_, r�su President Countersigned By: Attest: Authorized Officer or Agent Secretary Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 1 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 ISSUING OFFICE: Chicago Title Company SCHEDULE A Amount of Liability Fee $5,000.00 $500.00 Date of Guarantee: July 13, 2016 at 07:30 AM 1. Name of Assured: Melissa Mallery-Wells Powell Coleman &Arnold LLP 8080 N. Central Expressway, Suite 1380 Dallas, TX 75206 2. The estate or interest in the Land which is covered by this Guarantee is: A Fee 3. The Land referred to in this Guarantee is described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Peter Bovenberg and Melissa Bovenberg, husband and wife as joint tenants b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. END OF SCHEDULE A Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 2 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-1O16001516 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 412-30-029 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 9, as shown on that certain Map entitled, "Tract No. 3599, Westchester Industrial Park", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 25, 1964 in Book 175 of Maps, at Page 47. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California Corporation recorded on May 5, 1964 in Book 6491 of Official Records, Page 278. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 3 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 SCHEDULE B 1. REAL ESTATE TAXES: a. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Code Area: 010-104 Tax Identification No.: 412-30-029 Fiscal Year: 2015-2016 1st Installment: $7,561.52 Paid 2nd Installment: $7,561.52 Paid Exemption: $0.00 Land: $537,377.00 Improvements: $461,035.00 Personal Property: $0.00 b. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. c. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No.: 2013-1 For: Mello-Roos Community Facilities Act of 1982 Disclosed by: Notice of Special Tax Lien Recording Date: January 22, 2014 Recording No.: 22502535, Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Campbell, County of Santa Clara. The tax may not be prepaid. Further information may be obtained by contacting: Fiscal Agent of the Santa Clara County Library District Joint Powers 1370 Dell Avenue Campbell CA 95008 408-293-2326 x3004 2. THE FOLLOWING DEFECTS, LIENS AND ENCUMBRANCES (WHICH ARE NOT NECESSARILY SHOWN IN THEIR ORDER OF PRIORITY)AGAINST THE INTEREST: a. Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Public utility Affects: The Southeasterly corner Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 4 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 SCHEDULE B (continued) b. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 13, 1964 Recording No.: 2665010, Book 6578, Page 232, Official Records c. A deed of trust to secure an indebtedness in the amount shown below, Amount: $540,000.00 Dated: March 27, 1990 Trustor/Grantor Peter Bovenberg and Melissa Bovenberg, husband and wife, as joint tenants Trustee: First American Title Insurance Company, a California Corporation Beneficiary: The Money Store Investment Corporation Loan No.: None Shown Recording Date: March 30, 1990 Recording No.: 10471353, Book L304, Page 1464, Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee: Marine Midland Bank, N.A., its successors and assigns, as Trustee under The Pooling and Servicing Agreement dated as of February 28, 1993, subject to the Multi-Party Agreement dated as of February 28, 1993 Loan No.: None Shown Recording Date: April 12, 1993 Recording No.: 11855158, Book M714, Page 1853, Official Records d. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law(such redevelopment to proceed only after the adoption of the Redevelopment Plan)as disclosed by a document. Redevelopment Agency: The City of Campbell Recording Date: January 23, 1991 Recording No.: 10786629 at Book L598 at Pages 2178 Ordinance No. 1860, adopting the Second Amended and Restated Central Campbell Redevelopment Plan for the Central Campbell Redevelopment Project, recorded June 18, 1992 as Instrument No. 11414187. Statement of Institution of Amendment to a Redevelopment Plan recorded June 18, 1992 as Instrument No. 11414508. Ordinance 1912, adopting an amendment to the Central Campbell Redevelopment Plan recorded December 14, 1994 as Instrument No. 12749681. Statement of Institution of Redevelopment Plan Amendment recorded March 4, 2004 as Instrument No. 17644224. Revised Statement of Institution of Redevelopment Proceedings recorded August 10, 2007 as Instrument No. 19546401. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 5 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 • CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 SCHEDULE B (continued) e. Matters contained in that certain document Entitled: Notice of Improvement Obligation Dated: September 5, 2002 Executed by: Robert Kass, Public Works Director, City of Campbell Recording Date: October 7, 2002 Recording No.: 16523801 Reference is hereby made to said document for full particulars. 3. THE FOLLOWING MATTERS ARE DISCLOSED BY NAME ONLY AND THE COMPANY,WITHOUT ADDITIONAL INFORMATION, IS UNABLE TO DETERMINE WHETHER ANY OR ALL OF THESE MATTERS ARE DEFECTS, LIENS OR ENCUMBRANCES AGAINST THE INTEREST: None END OF SCHEDULE B Condition of Tide Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 6 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-1O16001516 • CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A,the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1)that are created, suffered, assumed or agreed to by one or more of the Assureds;or(2)that result in no loss to the Assured. (c) Defects,liens,encumbrances,adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity,legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1)Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or(2)proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the Public Records. (g) (1)Unpatented mining claims; (2)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3)water rights,claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the"Assured": the party or parties named as the Assured in Schedule A,or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land"does not include any property beyond the lines of the area described or referred to in Schedule A,nor any right,title,interest,estate or easement in abutting streets,roads,avenues,alleys,lanes,ways or waterways. (c) "Mortgage": mortgage,deed of trust,trust deed,or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts,or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company,then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4(b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee,whether or not it shall be liable hereunder,and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph,it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a)the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause)to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee,the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion,to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding,the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 7 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 (continued) 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage,the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance, or other matter that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. (b) In addition,the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company,all records,books, ledgers,checks, correspondence and memoranda,whether bearing a date before or after Date of Guarantee,which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing,for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee,the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs,attorneys'fees,and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys'fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay;or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or(c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage,other than the payments required to be made,shall terminate,including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method,including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions,the loss or damage shall be payable within thirty(30)days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee,all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company,the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,interest,and costs of collection. Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 8 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWPS-TO16001516 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE;GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole. (b) Any claim of loss or damage,whether or not based on negligence,or any action asserting such claim,shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW;FORUM (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES,WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O.Box 45023 Jacksonville,FL 32232-5023 Attn: Claims Department END OF CONDITIONS Condition of Title Guarantee CLTA Guarantee Form No.28(06/05/2014) Printed: 07.27.16 @ 01:45 PM Page 9 CA-CT-FWPS-02180.054980-SPS-1-16-FWPS-TO16001516 PACE 4 2 30 FORR.A 001O4TY. OLO" S A N T A 1 I ASSESSOR 00014" 00NT' 1 80 1 OF G.8 E. OFFj°E 29 1 P. ESMT. ` TRACT I N2 14831 ` ... '... 96 I 10.5.T-... ... I 77.30 T1.06 I �/�� I 2 I 3 4 51 1 I6 j 7 8 9 I 10 • —~ a I aI 9 w NI ° wl "1 6 N I cS� _ 14 0 I J ' J o� L 1 I- 1. { 1 - I\ I I I I i i 5154 jr, 77 I 73 73 I IOL.02 I 98.18 I 73 TJ 73 I 52.20 73 693 703 7/5 /7J 7 7,J 7JJ 765 775 O WEST VALLEY DR. 610 700 7/0 7ro P. M.279- -3 7,0 780 770 760 1" = 100' r( �82.03 1 7J 73 sass 1 I so 13 73 56.35 °� 11 "I r � W 40.30' . oI 12 13 14 15 ...1 1¢ 12 a 1-4 > I awl I I � a� o 'Cr c0 18 I 17 16 I PC L.A I IPCL. B 13 12 II • 47 SEC 35 170 60 199.90- 1a0.9T 60 43. T7..10 1 ... {I 7L27 30Li y CCi E l•SSR•I'# 9, 213.50 60.10 I 100.20 I 126.06 I 100 I I3J.65 M 0.35 AC" 8 40 AC, "1 5 1 l I I 3 I 2 4 Aa C 0 17 0. �4 rt n h 7 13 KIX I8 -• n x 27 °Pui+. 8 $I I I 1 0' lc 4.5 a i 8.T0 199.76 __-1 PO a 5.4i. Iz2ss 2oz� �M.,—i 0.44 AC. 10.80 I 0.87 AC• 0.59 A0. 1 uzM 6¢ 7 z:wa 0.50 AC O 7 I 6 I� Ws' 4^P I 1 1 PIJM• PLAN' I :4 Z,6 6'G �q 0. PC- Puri �°�'� 0.3� C. 1 0."131 A0. IA Z4 °°-I I I S 58 19 e ° y 1 I 49 ...--,<6‘ Ac. a sl Sls "I 23 ai a I 0.88 AC- 711578\ 0.89 AC. //s0 \ 0.4� C. a fL'_Iel Pt)14' 1 LL.,..i5-7118713 �e 1 I =1 gg ).-� LG�� /� \O \ o I I I 1 29 �! yyy222'2/ ��' s��'/y '0., /. \\ \\\037 •o\ I 1 I I I ""w �O �� 13 49?1 36.13 IT I I I n / ° 713 '96 100 96 I Z a gNb °P 8.C. ,°/Z/ ? J6o�sTF�Q °g°P 0.\r \\\�'� 66J�� ;`715 17a Gab 139.s9 n.." 9/ J \ 15 'i j(�' 31 \\ \ ,,p4 tT 1 LANE _... • I '' • /J0 /// `1► /1./�4 4 Q \ l02 641 L, O 0 / 0'p C:i's( \l, 11' a6 \\ -c`9e $.e/ 0 ,,,,,es /7 IA /`Q o4 \\ 0.31 AC• 0 6� C T N'- 3 5 9 9 RK S. 48 O. AC /:6 0�C\ % 6I� �G� WE-STCHE5 ER INDUSTRIAL PA O Essoil F•' 706 \ \�: — \\ k/• • 6CoMPIled Id CL 0 06 ip CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 70 North First Street,Campbell,CA 95008 Ph. (408)866-2150;Fx.(408)376-0958 CHECKLIST FOR STREET IMPROVEMENT PLANS APPLICATION NO(S): ENC 2017-00184 ADDRESS: 655 E.Mc GLINCY LANE CAMPBELL,CA 95008 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 doesn 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. �0 PROFESS/pk� � ��S G, fi Fyn Signature Date h O� Printed Name: JAMES G.FOX No 43 . -30-2017 RCE#: 21543 jgj CIVIL Nag Expiration Date: 9-30-2017 f OF CAUL (SEAL) ITEMS COMPLY NOT APPLY CITY COMMENTS 1. GENERAL 5 OK 1. City standard off-site title sheet with applicable notes. 2. 24"X36"sheet size used,including City Standard (X OK borders and Blueprint for a Clean Bay Plan Sheet. j5<- OK 3. Title Block/Scale/North Arrow Shown. 4. Plans capable of microfilm reproductions-minimum IX OK 1/8 inch lettering. 5. Engineer's name,number,expiration date and r OK signature included on all sheets. 6. Vicinity Map shown(must be microfilmable). (X OK 7. Sheet Index and key map included for 3 or more J OK fl N/A sheets. 8. Limits of Public Works inspection clearly shown on plan,typical section,and bond estimate. {X OK 9. Street Light locations/legend/Electric Service J5 OK r! N/A Connection Location shown. 10. Elevation tied to City benchmark. ri OK Reference City benchmark. Page 1 of 6 COMPLY NOT APPLY CITY COMMENTS 11. Curb grade plans prepared by Public Works have been incorporated into improvment plans and r OK r N/A verified as adequate. 12. Curb grade plans prepared by Engineer for review by Public Works and cross-sections @ 50'max.intervals r OK N/A along road frontage and extending 150'min. beyond limits of work. Profile line,centerline,&EP 13. Signing and striping plan plus existing striping r OK N/A included in improvement plans. 14. Development No.(SUB,MS,LUP,DP)shown on each sheet. (- OK r N/A 15. Verification and land rights for off-tract work(title r OK r N/A report,recorded easement,etc.) 16. Permits required from other agencies(Fish&Game fl OK r N/A CalTrans,Army Corps of Engrs,Flood Control,etc.) 17. Right of entry submitted for review for all off-tract r OK r N/A work. 18. Landscaping within the public right-of-way r OK r N/A included in improvement plans. 19. Fence required along water district canals. r OK V N/A II. ROADS A. TYPICAL SECTIONS 1. Street cross-section shown at 50'intervals maximum(closer intervals may be necessary per r OK F‹ N/A the City Engineer). Cross sections slopes shown. 2. Structural pavement design calculations submitted (per Caltrans Highway Design Manual)and r OK r' N/A correspond to plans. 3. Sidewalk,curb and gutter indicated with details r OK r N/A included on plans. 4. Right-of-Way and street width dimensions shown. iX OK 5. 2:1 max.cut/fill slopes shown beginning at R/W r OK j N/A lines-Soils Report verifying exceptions. 6. Crown Slope indicated. r OK R N/A 7. Pedestrian or bike paths shown. Fr OK r N/A 8. Pavement Design Chart shown with T.I. and R-values r OK R N/A for review. Page 2 of 6 B. PLAN VIEWS COMPLY NOT APPLY CITY COMMENTS 1. Radius of curvature shown on all curves. r OK r N/A 2. 20'curb return radii shown for major thoroughfares r OK r N/A and industrial streets. 3. 24'min.curb opening for private road intersection. r OK V N/A 4. Horizontal curves and sight distance designed per Highway Design Manual. r" OK r N/A 5. Cul-de-sac radii(35'min.)shown. r OK V N/A 6. Private road turnarounds shown. r OK r N/A 7. R/W and street width dimension shown. rX OK r- N/A r OK r OK 8. Centerline stationing shown at 50'intervals. 9. Curve info provided in table format(i.e.BC/EC station,offset,radius,and delta). r OK r N/A V OK 1- N/A 10. Lot/parcel lines and numbers/letters indicated. 11. Valley gutters indicated. Flag flow line elevations at quarter points on curb returns and valley gutter r OK I N/A centerline. r- OK r N/A 12. Stationing and offsets of all drainage structures shown. 13. TC/RIM elevations at all drain structures w/invert and r OK r N/A FL elevations shown. (Invert and FL elevations may be shown on profile if preferred. If profile is not on same sheet as plan view,TC/RIM,invert,and FL elevations must be shown on plan and profile.) 14. Drainage easements shown and dimensioned. r" OK V N/A 15. Location of underground pipes and utilities shown for laterals and main lines(i.e.sanitary sewer,gas, r OK IT< N/A water,etc.). 16. Street monuments shown. r OK r N/A 17. Off-tract slope easement shown,with x-sections, topo and offer of dedication for slope easement r OK r N/A submitted for review. 18. Pedestrian Paths shown. Basic grade shown. r OK r N/A 19. Wheelchair ramps shown at returns with details. r OK V N/A C. PROFILES 1. Vertical curves designed for proper speeds per r OK V N/A Highway Design Manual. 2. Minimum vertical curve lengths observed. r OK r N/A 3. Curb returns and cul-de-sac profiles shown(high r OK r N/A and or low points indicated when vertical curve is used. Page 3 of 6 • COMPLY NOT APPLY CITY COMMENTS 4. Vertical curve used for grade breaks greater than 2%. (3%on sag curves). r OK IT< N/A 5. 6%maximum gradient observed @ intersecting streets.— ' OK r N/A 6. 6%maximum grade observed across intersections. r OK r N/A 7. 1%minimum grade observed on all streets. r OK r N/A 8. Maximum street grades per ordinance. r OK r N/A 9. Underground pipes and utilities shown. r OK r N/A 10. Existing ground at centerline shown. Where r-- OK r N/A topography is steep,existing ground left and right of centerline has been shown. 11. Finish grade profile for centerline and for top of curb r OK r N/A shown(left&right)if special grades required. 12. Cul-de-sacs all have 1%to 4%cross slope between f-- OK F<- N/A gutter lip and high point. 13. Super elevation grades shown where required by r OK r N/A Highway Design Manual. 14. Back of curb flow diverters indicated on proposed county streets with grades over 5%when no sidewalk r OK r N/A installed. 15. Centerline profiles of intersecting streets shown to their point of intersection. (Showing curb return or r OK r N/A other profiles in lieu of the centerline profile is not an adequate or correct representation.) 16. Off-tract profile to catch point shown where road is r OK r N/A constructed to subdivision boundary. 17. Centerline stations and elevations shown @ 50' r OK r N/A minimum intervals and @ all BVC,EVC,PIVC,and grade breaks. 18. Profile slopes indicated. r OK r N/A III. DRAINAGE A. HYDROLOGY-HYDRAULICS 1. Contours shown for 100 feet+beyond property. r OK r N/A 2. 100 year water surface calculations completed when natural watercourse or drainage facility flows through r OK r N/A or adjacent to subdivision or the property lies within flood hazards or flood prone area and water surface shown on plans. 3. EGL,HGL,Fl,El,Q,A,S,V,freeboard at structures, r- OK r N/A structure losses,tailwater assumptions,super or subcritical flow all indicated. 4. Adequacy of in-tract drainage system verified. r OK r N/A 5. All starting water surface calculations adequately verified. (When computing beginning water surface in r OK r N/A natural watercourse and no obvious point of control is available,begin 500'downstream and work up to point in question.) Page 4 of 6 COMPLY NOT APPLY CITY COMMENTS 6. Adequacy of off-tract drainage system verified. r OK R N/A B. EASEMENTS 1. Easements shown on map are shown on plans. r OK R N/A 2. Off-tract drainage improvements(plan and profile) r OK r N/A and accompanying easements shown. Off-tract offers of dedication for drainage easement submitted for review. 3. Off-tract work to be done but no easement r OK r N/A requirements. Right of entry submitted for review. 4. Easement widths indicated for(a)closed conduits, r OK R N/A (b)open channels. 5. Sufficient X-sections submitted to verify easement width and Development rights for open channels. r OK r N/A 6. Access and ingress easements shown,graded to be r OK R N/A useable. 7. Minimum 12'ingress easement to public way provided to all access easements. r OK V N/A 8. Minimum 40'centerline radius for access easements r OK r N/A shown. 9. Structure setback line indicated and location verified with X-sections for unimproved channel. r OK r N/A 10. Fences shown as required where street crosses r OK r N/A watercourse or drainage structure. 11. Fences shown as required at outside boundaries of r OK R N/A open lined channel easements and water district canals. C. STRUCTURES 1. Inlet detail shown for new inlet installation. r OK r N/A 2. Inlet depths without manhole bases and max.dia. r OK r N/A Pipes through inlets observed. Type A 6' CC 3011 36"front 30"side Type B 12' CC3012 36"front 30"side Type C 4' CC3013 36"front 24"side Type D 6' CC3016 36"front 24"side Type E 4' CC3017 36"front 24"side 3. Max.diameter pipes through manholes observed. Type I 24" CC 3020 r OK r N/A Type II 42" CC 3021 Type III 60" CC 3022 4. 1.25"minimum freeboard in inlets and manholes. r OK R N/A 5. HGL shown in all structure profiles. r OK R N/A 6. Structure type indicated on plan or on structure list r OK r N/A on same plan sheet. Page 5 of 6 • COMPLY NOT APPLY CITY COMMENTS D. PIPES 1. Closed conduit minimum slope of 0.005 observed. r" OK r N/A 2. Natural watercourses are placed in closed r- OK r N/A conduits for flows less than 80 cfs. 3. Storm drain calculations submitted and correspond (- OK r N/A with plans. 4. Water directed into inlet does not reverse the r OK I5-‹ N/A direction of flow. 5. Minimum centerline radii of pipe checked. Beveled RCP lengths specified(bevel one or both OK r N/A ends)and stationing of EC and BC indicated. 6. Outlet protection for closed conduits or lined (" OK r N/A channels provided. 7. 2'minimum cover over pipe observed(provided r- OK r N/A manufacturer specs does not require more)unless special design and calcs. 8. Design Q shown on pipe profile. OK r N/A 9. Minimum cleansing velocity of 2 FPS with half r- OK rN/A design flow observed. r OK r N/A 10. 18"minimum pipe size. E. CHANNELS 1. Maximum velocity in earth channel verified by r- OK r N/A soils report-minimum velocity 3 FPS. 2. Improved earth channel side slopes shown to be 2:1 or less steep as specified by soils report. OK (X N/A 3. Lined channel side slopes as specified by soils r OK r N/A report. 4. Areas noted to be cleared of structures,trees, r- OK r N/A brush,and debris within natural channel and watercourses. J:\FORMS\Templates\Land Development\Street Improvements\Checklist for Street Improvement Plans STATIC form2.pdf Rev.1/12 Page 6 of 6