94-135
City of Campbell - Refundable Deposit Check Request
To: Finance Director
Please Issue Check
Payable to:
Address - Line I:
Line 2:
City:
Description:
Amount Payable:
Account Number:
Purpose:
Interim Check Required:
1u.r; f\ 5"a-ic.. cl tJ-ifN C~7
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55 lAJ. l/G~ ~.
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Department:
Return Check to:
State: CA
9s/ /6
Zip: 93868"
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(Exact AmOIDIl)
Finance Use Onlv
Interest Earned
101.540.7448
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Voucher #:
Permit #: 94- - I ~ ':)
Date: 5- tt-- 94-
Title: /J. W. 1;'1 ~~ r
Title: ;felt, hy~V Date: .5 J
Title: Account Clerk II Date:
Receipt #: '7 () 3 *
Requested by: fJ. LJe1.f'QJ (
,
Approved by: ;fA &~
Verified by:
Approved by:
Title:
Date:
Special Instructions For Handling Check
L
Mail As Is:
Mail in Attached Envelope~
cnher: See attached Notice of Levy requiring funds to be sent to the
f7n: S:lexcellchkreq - Revised 1/98
Sheriff.
.,
/'
ATTORNEY OR PARTY WITHOUT ATTORNEY fN.m* ldtJ'~S$J:
o Recording requested by and return to;
ORIGINAL
Philip E. DeMarco
73 E. Latimer Ave.
Campbell, CA 95008
judgment creditor in pro per
ATTORNEY FOR IN.m~J:
NAME OF COURT: Superior Court of California
STREET ADDRESS: 1 9 1 N. Fir s t St.
MAILING ADDRESS:
TELEPHONE "
XXX 408 376-071
FOR RECORDER'S USE ONLY
RECEIVED
JUl 1 4 1997
CrTY CLERK'S OFFrCE
CITY AND ZIP CODE: San Jose, CA .95113
BRANCH NAME:
PLAINTIFF: Philip E. DeMarco
DEFENDANT: Kiyoumars Naderzad, ET AI.
NOTICE OF LEVY
under Writ of I XX Execution (Money Judgment)
DSale
LEVYING OFFICER INam~ .nd Add~ssJ:
Charles Gillingham
Santa Clara Co. Sheriff
Civil Division
55 W. Younger Ave.
San Jose~ CA 95110
408 299':"2005
~~XN.
TO THE PERSON NOTIFIED (name): Ci ty of Campbell, Dept.
Public Works, 70 N. First st., Campbell, CA
of
LE:~;L~ZO.I cC~77c4s8 BOg 4
1. The judgment creditor seeks to levy upon property in which the judgment debtor has an interest and apply it to the satisfaction
of a judgment as follows:
a. judgment debtor (name): Kiyournars Nade~zad; ~teve Saray aka. Saie~ Saraydarpour;
b. the property to be levied upon is described Lat1.mer V1.lla II, Incj P1.ne V1.llage, Inc.;
o in the accompanying writ of possession or writ of sale. Nadcon Development, INc
~ as follows:
Any construction deposit funds and cash maintenance sureties that
are being held in trust by the City of Campbell for judgment debtors,
RXXHXR Latimer Villa II, INc, Nadcon, Inc., Pine Village, Inc., and/or
Kiyoumars Naderzad and Steve Saray aka Saied Saraydarpour
2. The amount necessary to satisfy the judgment creditor's judgment is (specify total amount due under the writ less partial satis-
factions plus daily interest from the date of the writ until the date of levy):
$ 251,364.00, plus daily interest of $68.87 from date of writ to date
of levy, plus $26.00 sheriff fee, plus $5.00 assessment
3. You are notified as
a. 0 a judgment debtor.
b. [!] a person other than the judgment debtor (state capacity in which person is notified):
a third party in possession of the funds
(Read Information for Judgment Debtor or Information for Person Other Than Judgment Debtor on reverse.)
Notice of Levy was
~ mailed on (date):
. ~ delivered on (date):
D posted on (date):
o filed on (date):
D recorded on (date):
/, /4~17from
7 -/ 1'- CI /
San Jose, CA
Signed by:
/~dJ1'7
;.Y '1
i v'
o Levying officer ~ Registered process server
Bender's Legal Service
1625 The Alameda # 511
San Jose. CA 95126
(408) 286-4182
Form Approwd by the
Judicial Council of Caliiornia
EJ-l50 IRev. January 1. t9B51
(Continued on re.verse)
NOTICE OF LEVY
IC...._______.. _-Z. 1_ .
TO:
3372
3521
3521
3521
3372
3373
3373
3373
3373
3372
3372
3372
3372
3372
3370
3380
3395
3510
City Clerk
PUBLIC WORKS FILE NO.
q4 . I '3 S-
Project Revenue (specify project)
Public Works Encroachment Permit Fees:
Application Fee
Regular ($210)
R-1 ($58)
Plan Check Deposit
Faithful Performance Surety (FPS)
Other Cash Deposit
Plan Check & Inspection Fee (First $0-$30,00014%; Next $30,000-
$80,000 10%; Amount Greater Than $80,000 7%; $200 min.)
Project Plans & Specifications
General Conditions, Standard Provisions & Details ($12 or $1/page)
"No Parking" signs ($1/ea. or $25/100)
Copies of Engineering Maps & Plans ($.50/sq. ft.)
Final Parcel Map Filing Fee ($1 ,000 + $21/per lot)
Final Tract Map Filing Fee ($1 ,300 + $21/per lot)
Lot Line Adjustment Fee/Certificate of Compliance ($500)
Vacation of Public Streets and Easements ($525)
Assessment Segregation or Reapportionment
First Split ($525)
Each Additional Lot ($160)
Storm Drainage Area Fee per Acre (R-1, $1,875;
Multi-Res., $2,060; all other, $2,250)
Public Works Special Projects
Park Dedication In-lieu Fee
Postage
($500)
(100% of ENGR. EST)
(4% of FPS) ($500 min.)
'2 0 ZS:@ 10 :'3(0
;;;','UO.Ob 1'10~3']
$ s-gJ ozs-
~s-3 - '7020
TOTAL
NAME OF APPLlCANTFI:P{,L./ry /VAT. Tl7Z6!f/ftJ6
ADDRESS.;(O/O J1). ~tl!-Sr S r '"iJ4J() -ToS6
~~T~ CLERK RECEIVED B~~AA Alii
ONLY DATE ~
U/t.L/1%6 PHONE
~~3/
ZIP
TO:
City Clerk
Please collect & receipt
for the following monies:
PUBLIC WORKS FILE NO.
,) (/ 1r
I yr'. P"--:J 2. /
35-3396
ACCT. ITEM AMOUNT RECEIPT NO.
$
3372
3521
3521
,/
373
3373
3373
3373
3372
3372
3372
3372
3372
3370
3380
3395
3510
Project Revenue (specify project)
Public Works Encroachment Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
Other Cash Deposit (specify)
Plan Check & Inspection Fee ($0 - $100,00010%;
$100,000 - $500,0009%; $500,000 and above 7%; $100 min.)
Project Plans & Specifications
General Conditions, Standard Provisions & Details ($10 or $1/page)
"No Parking" signs ($1/ea. or $25/100)
Copies of Engineering Maps & Plans ($.50/sq.ft.)
Final Parcel Map Filing Fee ($475 + $21/ per lot)
Final Tract Map Filing Fee ($525 + $21/ per lot)
Lot Line Adjustment Fee/Certificate of Compliance ($420)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Storm Drainage Area Fee per Acre (R-1, $1,875;
Multi-Res., $2,060; all other, $2,250)
Public Works Special Projects
Park Dedication In-lieu Fee
Postage
($105)
($500)
(100% of)
(ENGR. EST)
(4%of FPB)
($500 min.)
NAME OF APPLICANT Lt; t I 'u[ .(. y
ADDRESS P 0 C>~J 2- 0
FOR
CITY CLERK
ONLY
RECEIVED BY
DATE
PHONE
ZIP 7.5-0,0
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$ G
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>>-'RICAN BONDING COMPA1',"(
(in Receivership)
To: ~~ Pe;t'sons and ~nti ties ;rhat May Have An Intet~~ 2m19gpe
Rehab~l~tat~on of Amer~can Bond~ng Company ("ABC")-
Dear Interested Person:
On February 2, 1995, an "Order for Appointment of Receiver and
Injunction" ("Receivership Order") was entered by the Maricopa
County, Arizona, Superior Court ("Court") appointing the Director
of the Arizona Department of Insurance as Receiver of ABC
("Receiver") . I was appointed by the Receiver and the Court as
Special Deputy Receiver. The Receivership Order directs that the
Receiver shall attempt to rehabilitate ABC. Efforts to sell ABC or
to arrange for another insurance company to take over the insurance
obligations of ABC have been, thus far, unsuccessful. Therefore,
the Receiver has submitted a Rehabilitation Plan for ABC ("Plan")
to the Court for approval. This letter is a brief summary of the
background and the terms of the Plan. THE PLAN CONTAINS ADDITIONAL
RELEVANT INFORMATION AND SHOULD BE REVIEWED FOR A COMPLETE
UNDERSTANDING OF THE REHABILITATION PLAN PROPOSED BY THE RECEIVER.
Instructions on how to obtain a copy of the Plan are provided
below.
BACKGROtnm
ABC is an Arizona domiciled insurance company which wrote
primarily surety insurance, but also wrote commercial automobile,
personal automobile and general liability insurance. ABC was
licensed in 38 states.
Commencing in 1994, the Arizona Department of Insurance
brought a series of administrative actions directing ABC to cure
operational and financial deficiencies. These deficiencies were
not cured, and on February 2, 1995, the Director filed a complaint
in the Maricopa County Superior Court requesting that the Director
be appointed Receiver of ABC for the protection of its
policyholders, claimants, creditors, stockholders and the public.
Insurance companies are excluded from the provisions of
federal bankruptcy law. Proceedings to rehabilitate or liquidate
insurance companies are governed by state laws. Arizona, like many
states, has adopted the Uniform Insurers Liquidation Act, Arizona
Revised Statutes SS 20-611, et seq. These are the laws whic;:h
govern the ABC receivership. Copies of these statutes may be found
in most law libraries.
The Receiver, under the supervision of the Court, has taken
control of ABC and has commenced efforts to rehabilitate it. ABC
is also the subj ect of an "Order Appointing Conservator and
Restraining Order" issued by the California Superior Court on
January 31, 1995. The Receiver and the California Conservator have
coordinated matters related to ABC, and the Receiver has been
responsible for administration of the affairs of ABC since the
inception of the Receivership.
6245 East Broadway Blvd., Suite 600 <> Tucson, AZ 85711
(520)747-5555 <> Fax (520) 748-3256
Arizona law, A.R.S. ~ 20-629, sets forth the priority of
payment of claims from the general assets of an insurance company
which, like ABC, is in receivership. The statute lists the order
in which claims must be paid and provides that each category of
claim must be paid in full or that sufficient funds be available
to pay the category of claims in full, before claims in the next
category can be paid. The first four categories to be paid
pursuant to A.R.S. ~ 20-629 include, as the fourth category, ABC's
policyholder obligations, including obligations issued under bonds
issued by ABC. These first four categories are referred to in the
plan and this letter as "Senior Creditor Obligations."
The payment of ABC's Senior Creditor Obligations is the
Receiver's primary concern. The Plan is focused on the payment of.
the categories of claims which include, but do not go beyond,
Senior Creditor Obligations. If the Plan is approved and is
successful, the Senior Creditor Obligations of ABC will be paid and
claims against ABC of a lower priority will then be addressed.
The Plan is based on the assumption that assets available to
ABC will slightly exceed amounts necessary to fund the Receivership
and reserves associated with ABC's Senior Creditor Obligations.
Reserves are simply the estimate of ABC's debt, actual or
potential, to its policyholders. Although the reserves are
carefully calculated with the assistance of independent actuaries,
this estimate may prove to be higher or lower than ABC's actual
claims experience over the approximately six years that it is
expected for all of ABC's insurance obligations to mature.
Just as importantly, the Receiver has had to make certain
assumptions about ABC's assets. The liquid assets presently
available to the Receiver are not sufficient to fully pay ABC's
Senior Creditor Obligations, but the Receiver estimates that
certain collections of obligations owed to ABC are likely enough
that eventually ABC will have necessary assets to pay its Senior
Creditor Obligations. There is a possibility that the Plan
ultimately will not succeed and that ABC will be liquidated.
The Receiver is recommending the Plan to the Court as opposed
to a liquidation of ABC because of likelihood that the Plan will
succeed and because of the devastating effect of the liquidation of
ABC. In a liquidation setting, the law requires that all claims
payments cease while all claims are received and adjudicated, arid
all assets recovered. The Receiver would be required to cease
funding proj ects and there would be considerable delay in returning
collateral posted with ABC. Experience from the liquidation of
other surety insurance companies is that in a liquidation, the
amount of claims against the company would increase dramatically
and that claimants would only receive a small percentage of each
cla~ dollar. This amount would not be paid for several years.
Although it is a difficult decision, the negative results of a
liquidation along with the Receiver'S cautious optimism that the
Plan will succeed mandates the Receiver'S recommendation that the
Plan be approved and implemented.
PLAN SUMMARY
1 . Claims
The Plan contemplates the continued payment, to the extent
unrestricted cash is available to do so, of the Senior Creditor
Obligations of the Receivership. If the Receiver and a claimant
agree on the amount of a claim that is a Senior Creditor Obligation
and sufficient unrestricted cash is available, the claim will be
paid as promptly as possible. If sufficient unrestricted cash is
not available, there could be a delay in the payment of claims.
If a claimant with a claim based on a bond issued by ABC and
the Receiver cannot agree on the existence, validity or amount of
a claim, the Plan provides a procedure whereby the claim can be
adjudicated before a Special ~aster appointed by the Court. The
Special Master procedure allows such claims that are currently
unresolved or will be unresolved in the future to be adjudicated in
a cost-effective and speedy manner consistent with the goal of
rehabilitating ABC and with fairness to claimants. Other than
certain "core-receivership" matters, the Special Master has
authority to rule on all aspects of a cla~ against the
Receivership and the appeal to the Court of the Special Master's
decision on such a claim against the Receivership is limited to
matters of law. The costs of the Special Master, as permitted by
Arizona law, is divided between the parties before the Special
Master. The Plan sets forth the Special Master procedure in
detail.
The Plan also contemplates the use of a Special Master
appointed by the Court to adjudicate certain claims by the
Receiver, at the Receiver's discretion, including the Receiver's
claims against agents of ABC for funds other than premium. The
Receiver's claims for premium will be brought before the Court
under the Plan. Many of the contracts between ABC and its agents
contemplate the arbitration of such disputes. The Plan honors the
spirit of these alternative dispute resolution provisions with the
use of a Special Master while saving time and money by using one
Special Master to deal with all such claims. The Plan pr~Jides
that the decision of the Special Master on these actions is final.
Claims on ABC's non-surety insurance business will continue to
be handled in normal course by the Receiver, subj ect to the
availability of unrestricted cash, except for a block of business
related to taxi cabs in California. The ABC policy related to the
taxi business requires that the insureds and/or taxi owners
reimburse ABC for the first $35,000 in claim payments or defense
costs. Despite the Receiver's efforts to collect these amounts,
these amounts are not being paid to the Receiver. Hence, in order
to facilitate the rehabilitation of ABC and to recognize the true
economic bargain contemplated by the taxi related policy, the Plan
provides that these policies will be modified to prevent the
Receiver from expending the first $35,000 except as necessary to
defend claims and then the Receiver will take a credit for such
defense costs against the first $35,000 of any judgment or
settlement.
Persons with claims against the Receivership for claims which
are not Senior Creditor Obligations (that is, the claim is below
the level of policyholders of ABC) will be required to submit their
claim to the Receiver. The Plan does not contemplate the
adjudication or payment of these claims unless and until ABC's
Senior Creditor Obligations have been satisfied or will be
satisfied with certainty.
2. Assets
The Receiver will continue efforts to gather the assets of ABC
pursuant to the Receivership Order. In some cases, this will
involve litigation and, as mentioned above, collection actions
against agents for amounts other than premium will generally be
handled through the Special Master procedure. Actions seeking the
collection of premium will be brought before the Court.
3. Reporting
The plan provides that the Receiver will, at least on a
quarterly basis, report to the Court on the status of the
rehabilitation and will provide the Receiver's recommendation on
whether the receivership should be converted to a liquidation.
PETITION FOR APPROVAL OF THE PLAN
Accompanying this letter is a "Notice of Hearing Re petition
for Approval of the Receiver's Plan of Rehabilitation of American
Bonding Company" (also known as "Petition No. 63") which is the
Petition to the Court whereby the Receiver will seek the Court's
approval of the Plan. The hearing will take place on Friday,
December 20, 1996 at 8:30 a.m. YOU DO NOT HAVE TO ATTEND THIS
HEARING. You will be informed as to whether the Court has approved
the Plan. Whether you appear at the hearing or not, any comments,
suggestions or objections to the Plan must be submitted in writing
and filed with the Clerk of the Court at 201 West Jefferson,
Phoenix, Arizona 85003-2205, in Cause No. CV 95-01684, no later
than Friday, December 13, 1996, by 5:00 p.m. A copy must be
provided to the Receiver through General Counsel, Guttilla -&:
Murphy, P.C., Attention: Joseph M. Hennelly, Jr., 4150 West
Northern Avenue, Phoenix, Arizona 85051, by the same date and time.
The filing must state whether or not you will appear at the
hearing. If you are going to attend the hear~~g, you must include
with the filing and copy set forth above a S1.:."ml3.ry of any testimony
proposed to be presented, including the ideneification of any
wi tnesses . Copies of any documents proposed to be presented at the
hearing must be provided to General Counsel for the Receiver with
the written filing discussed above. It is possible that the
hearing date will be moved to a later date, therefore, please
contact the ABC Rehabilitation Plan Coordinator at the office of
the Special Deputy Receiver at (602) 277-4807 to determine if the
hearing date has been changed.
COPIES OF THE PLAN
A Copy of Petition 63, which includes the Plan, is available
at the cost of copying and mailing. To obtain a copy of Petition
63 and the Plan, send a written request which includes your return
address and telephone number along with a check in the amount of
$20.00 payable to American Bonding Company, in receivership, to:
American Bonding Company, in receivership
Attention: Rehabilitation Plan Coordinator
300 w. Osborn Road, Fifth Floor
Phoenix, Arizona 85013
One part of one exhibit to the Plan which deals with unaccounted
for bond powers is very lengthy and will not be included in your
copy of Petition No. 63 unless you specifically request it and
increase the amount of your check to $55.00. A full copy of
Exhibit 3 to the Petition, the 1995 Annual Statement for ABC, is
available upon request for an additional $24.00.
The Petition copy will be sent express or overnight upon request at
the expense of the requesting person.
Sincerely,
AKER.ICAN BONDING COMPANY,
in R.eceivership
~o~
Michael J. FitzGibbons
Special Deputy Receiver
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GUTTILLA & MURPHY
A Professional Corporation
Joseph M. Hennelly, Jr. (#006884)
4150 West Northern Avenue
Phoenix, AZ 85051
(602) 937-2795
Attorneys for Receiver
IN THB SUPBRIOR COURT OF THB STATE OF ARIZONA
IN AND FOR THE COtmTY OF MARICOPA
In the Matter of the
Rehabilitation of:
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NO. CV 95-01684
RE PETITION NO. 63
NOTICE OF HEARING RE
PETITION FOR APPROVAL OF
THE RECEIVER'S PLAN OF
REHABILITATION OF
AMERICAN BONDING COMPANY
AMERICAN BONDING COMPANY,
an Arizona corporation,
(Assigned to Honorable
REBECCA A. ALBRECHT)
NOTICE IS HEREBY GIVEN that Petition No. 63, .PETITION FOR
APPROVAL OF THE RECEIVER'S PLAN OF REHABILITATION OF AMERICAN
BONDING COMPANY", filed by Petitioners will be heard on Friday
,
the 20th day of December, 1996, at the bour of 8:30 -A.M.
0' clock before the Honorable RESBCCA A. ALSRECBT, in the Courthouse
of Maricopa County Superior Court, Phoenix, Arizona, and all
persons interested in said proceedings are hereby notified of the
right to appear and show cause. if any they have, why the petition
should not be granted and the Rehabilitation Plan ("Plan")
approved.
Any person or other entity wishing to appear at the Hearing to
be heard or to present testimony or other evidence with respect to
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.
the Plan, or any other matters relating to or arising therefrom
shall, no later than 5:00 P.M. o'clock on Friday, December ~3,
~996, file with the Clerk of the Maricopa County Superior Court at
20~ West Jefferson, Phoenix, Arizona 8500.3-2205, a notice of
appearance and provide written notification of such intent and
shall provide a copy to the Special Deputy Receiver through General
Counsel, Guttilla & Murphy, P.C., Attention: Joseph M. Hennelly,
Jr., 4~50 West Northern Avenue, Phoenix, Arizona 85051, by the same
date and time. The filing and written notification shall include
a summary of the proposed matter or testimony to be presented,
inCluding the identity of any proposed witness.
Copies of any
documents to be presented shall be provided to the Receiver's
General Counsel. Persons not wishing to appear may submit written
. comments, suggestions or objections by filing same with the Clerk
of the Court at the above address, with a copy to General Counsel,
within the time frame set forth above, and stating that no
appearance at the hearing will be made. IT IS POSSIBLB THAT THE
BEARING DATB WILL BB MOVED TO A LATD DATB. therefore, please
contact the ABC Rehabilitation Plan Coordinator at the office of
the Special Deputy Receiver at (602) 277-4807 to determine if the
hearing date has been changed. To obtain a copy of Petition No. 63
(which includes the Plan), send a written request which includes
your address and telephone number, along with a check in the amount
of $20.00, to American BOnding Company, in Receivership, to:
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American Bonding Company, in Receivership
Attention: Rehabilitation Plan Coordinator
300 W. Osborn Road, Fifth Floor
Phoenix, Arizona 85013
Copies of a lengthy exhibit which sets forth unacOUnted for bond
powers will not be included unless Specifically requested and
accompanied by an additional $35.00. A full COpy of Exhibit 3 to
the Petition, the 1995 AnnUal Statement of ABC, is also available
Upon request for an additional $24.00.
~l persons or other entities that are in any manner
interested in the estate Or the assets or property of American
Bonding Company of any kind or nature, however or Wherever held,
choate or inChoate, are hereby ordered to appear at -the Hearing and
show cause, if any they have, why the Plan Or any prOVision thereof
should not be apprOVed. Any persons or other entities failing to
appear as So ordered shall be deemed to have forever waived any and
all Objections to the Plan.
Any Objections, suggestions or
comments to, about or relating to the Plan shall be deemed forever
waiVed unless made at the Hearing.
DATED this 16th day of
October
_, 1996.
3
Ab~RICAN BONDING COMP~,. i
GENERAL POWER OF ATTORNEY
9402218
Know all men by these Presents, That AMEAICAN BONDING COMPANY"" made, ""''''/uled ""d """'nled, ""d by
these presents does make, constitute and appoint
G.F. GERBING, JR. of SAN JOSE, CALIFORNIA
/1s /rue ""d lawful _-i,-Iac, '" it and " /1s '''"'', place, and ""'" '" __Ie "" beh"" of the""" Compa"Y, as "''"'Y, 00"". ""dertaki", ""d
contracts of suretyship to be given to
pm"""" that no bond "' "M_i"" " """""" of "'_hip __ "_ th" ""lhority 'hall e><ceed " amo"". the ,"m 01
ALL OBLIGEES
Thi, Powe.- ot Attorney i, """led ""d " .,""" and _ad by ''''''mila ""de, ""d by the authority of the IollowI', Ae"""h"" ""'Pled by the
Board of Directors of the Company on the 15th day of November, 1991.
TWO MILLION FIVE HUNDRED THOUSANO'"*($2,500,OOO) DOLlARS'
"'-
"""""''", ,..., ,,,, o...,,~" " ... _, ,,,, "'" O"",~""", _, ... ,'......, '" _""~ ,... _..... '" """, "'~ ,'......., ~,"'," ,_..
" ... O.m..." "', ~, ,... "'" ~ 00, " ''''m .. '..""',"'" <0 -"" ""'""'" " "<Om" ,~""", ,,,, "<Om",..~, .._ '" ,,,,..... ,_,,, "<Om" <0 _. "
"'.", " '... ""'''''', '"'""', '-'''''''''''''' '" ...,,~.. "~"'"'''' ,"" ,..., ~ -,~, "'~ -'" , ......., ~ ~ ""....., ..,..." "', "'" ,..., ~'" ~ .""
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
"''''''" .''''',",0, ,..., ,,,, ..".."~"... '''"''" ,"" ... -,,, ... "'m",,,~,,,,._ ,..,,~. ,_,,, "<Om,,", <o~, ~""~.. .."".. ,.....<0
'" '~"ml", ~, ~, .~. '- " ''''10" ~ ~"""... """'" ~'" ''''ml'' "'~'''. ~ '~'m". _, ..", '" "'. ."" "'""". ''"'' ... """~" "M M .".... ~, "
the future with respect to any bond, undertaking Or contract of sUretyship 10 which it is attached."
"w...... -, AMEAICAN BONDING COMPANY has ",,"oed /1s _,,, _ to be _""'" _, ""d th"", p'e_~ '" be "''''
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 8th Day of November, 1993.
iJ:aJn..- 12 /IV( 7
William R. McKenzie, Assistant Vice President
STATE OF ARIZONA }
COUNTY OF PIMA
AMERICAN BONDING COMPANY
By ~
sS.:
A' thi98th day of Nowmbe" 1993 ,beto", me P.""maIly came Jon, C. Fi""'" to me "OW" who bemg by me d"1y 'w'''', d~ d_
aM "'y that he " a V,," p........ of AMEAfCAN BONDING COMPANY, the ""P'''''1/"" d"",,,,,, i, and wh/oh "'""""" the """'" i''''''men!; that
he '00", !he - of the """ "'''''''''lio,,, that the - - to !he """ """'me.. " ''''''' """"'ale _: that" was 00 _ by Did" of the B_
of Directors of said corporation and that he signed his name thereto by like order.
la~ ~RC"",
CHRISTIE TURLEY
NOTARY PUBLIC
~. My Comm.oton .......
March 10, 1995
CERTIFIl;A J t:
.
I CHRISTIE TURLEY
NOTARY PUBLIC
_ My Commission Expires March 10, 1995
I, the ""'.".,""", "" Aml'_ S""","", of AMEAICAN BONDING COMPANY, "" A"",,,, ~" DO HEREBY CEATlFY that ""
fo,ego", ""d attaclted Powe, of Attomsy ......." " full ""'" and has "'" bee, IE''''''''': ""d furlh""""", that the A"Olutio, of the 80Md of Di,"""",
set forth in the said POwer of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of AriZona. Dated the 18TH day of
FEBRUARY
,19 94.
~~~~
Florence E. RObert, Assistant Secretary
1
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3
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6
7
8
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American Bonding Company, in Receivership
Attention: Rehabilitation Plan Coordinator
300 W. Osborn Road, Fifth Floor
Phoenix, Ari~ona 95013
Copies of a lengthy exhibit which sets forth unacounted for bond
powers will not be included unless specifically requested and
accompanied by an additional $35.00. A full copy of Exhibit 3 to
the Petition, the 1995 Annual Statement of ABC, is also available
upon request for an additional $24.00.
All persons or other entities that are in any manner
interested in the estate or the assets or property of American
Bonding Company of any kind or nature, however or wherever held,
choate or inchoate, are hereby ordered to appear at .the Hearing and
show cause, if any they have, why the Plan or any provision thereof
should not be approved. Any persons or other entities failing to
appear as so ordered shall be deemed to have forever waived any and
all objections to the Plan.
Any obj ections, suggestions or
comments to, about or relating to the Plan shall be deemed forever
waived unless made at the Hearing.
DATED this 16th day of
October
, 1.996.
3
k9....&RICAN BONDING COMP A..." i
9402218
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
G.F. GERBING, JR. of SAN JOSE, CALIFORNIA
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
cDntracts of suretyship tD be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
TWO MILLION FIVE HUNDRED THOUSAND-($2,500,OOO) DOLLARS
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following ResDlution adOpted by the
Board of Directors of the Company on the 15th day of November, 1991.
.'RESOLVEO, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President
of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in
behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto
by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached."
In Witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 8th Day of November, 1993.
iJ ~b
~~~,,,.~,~,~7
AMERICAN BONDING COMPANY
~
By
STATE OF ARIZONA }
COUNTY OF PIMA
sS.:
On this8th day of November, 1993 ,before me personally came John C. Fisher, to me known, who being by me duly sworn, did depose
and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation and that he signed his name thereto by like order.
e
OFFICIAL SEAL
CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires
March 10, 1995
CERTIFIGA I c
I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,
set forth in the said Power of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 18TH day of
FEBRUARY
,19 94.
~~~~
Florence E. Robert, Assistant Secretary
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BOND NUMDER:135124
PREMIUM: $1,320.00
Alnerican llonding C01l1pany
,
PERFORMANCE BOND
------------------7-------------------------------------------------------
KNOW ALL MEN BY THESE PRESENTS, that we
LATIMER VILLA II. INC.
hereinafter called the Principal, and AMERICAN BONDING COMPANY
hereinafter called Surety, are held and firmly bound unto
....
CI'l-Y OF CAMPBELL
hereinafter called Obligee,
in the amount of FORTY-FaJR THOOSAND AND NO/100**********************************
Dollars ($44,000.00***************)
for the payment of which Principal and Surety bind themselves, their. heirs,
executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has by wri tten a'Jreement da ted January 16, 1992
, entered into a contract with the Obligee for
, 19
street Improvements, Tract 8329: 85, 65, 71 East Latimer Ave.
in accordance with drawings and specifications prepared by
City of Campbell. Dept. of Public Works which contract is by refe::::-ence
made a part hereof, and is hereinafter l-~Eerred to as the Contract.
NOW, THEREFORE, The condition of this Obligation is such that, if Principal shall
promptly and faithfully perform said contract, then this obligation shall be null
and void: otherwise it shall remain in full force and effect. Whenever Principal
shall be, and declared by Obligee to be in default under the contract, the Obligee
having fully performed Obligeets obligations thereunder, the Surety may promptly
~emedy the default, or shall promptly:
1) Complete the work under the contract in accordance with the plans and
specifications, or:
?) 0h~ajn a bid 0r hids for submission to Obligee for cornpl~ting th~ ~ork
under the contract in accordance with tIle plans and specifications and upon
determination of the Obligee and Surety of the lowest responsible bondable
bidder arrange for a contract between such bidder with corporate surety and Obligee,
and then pay the Obligee the bidders price less the balance of the contract price
but not excee4ing, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price" as used in this paragraph, shall mean the total
ilmOUIl t payable by 01> l.ige(~ to Pr incipa 1 under the aI' igina 1 Con t raet and any ameTHlment
thereto, less the amount properly paid by Obligee to Principal.
Any suit under this bond must be instituted before the expiration of one (1) year
from the date on which final payment under the Contract fall due.
No right or action shall accrue on this bond to or for the use of any person or
corporation other than the Obligee named herein or the heirsr executors,
administrators or successors of Obligee, and this instrument may not be transferred
or assigned without the written consent of the Surety.
3)lf this bond is issued in conjunction with a payment bontl, the amount herein stated, is
part of the payment bond and not in addition to.
SIGNED AND SEALED THIS 13 day of March 19....2.2
LATIMER VILLA II. INC.
Principal
Seal
BY:
Seal
(8-90)
BY:
G.F. GERBING,
Form 1 06
.
BO~'m . 135124
PREh -'- UM ; UJ2.Q.....QQ
I
S\lBOIVISION 1'1: [(OVFMFrn
PER~ORMMlCF BONO
(GOVERNMENT r.OOE SECTION 66499.1)
v1hereas, the CITY OF CAMPBEIL , State of
ralifornia, and LATIMER VILIA II, INC.
(hereinafter designated as "nrinciral") have entered int.o an agreement whereby
nrincinal agrees to install and complete certain designated public improvements,
which said agreement, dated January 16, 1992 ,19 ,and identified as
Public Imnrovement Proceeding No. 8329 (commonly referred to as
,._street Improvements, 85, 65 and 71 East Latimer Ave.
1 S llerehy referrro to and made a oa rt hereof; and
\./hereas, said nrincinal is rerll'ired under the terms of said agreement to
furnish a bond for the faithful ~erformance of said agreement.
Now. therefore, we the nrincipal and
~CAN BONDING COMPANY , as corporate surety, are held and
firm y hound unto thECITY OF C'AMPRRr.r. , in the penal sum of F'OR'T'V-FOIJR
THOOSAND AND NO 1 00************ do 11 a rs
(~4,OQQ.00***** aw u money of t e lIn1te States, or t e payment of which
sum we 11 and truly to be made, we bi nd ourselves, our hei rs, successors, executors
and admi ni strators, ,;oi ntly and severa 11y, fi rmly by these nresents.
The condition of this ohligation is such that if the above bounded principal,
his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keen and perform the covenants,
conditions and nrovisions in the said agreement and any alteration thereof made
as herein nrovided, on his or their nart, to be kept and performed at the time
nnd in the manner therein snecified, and in all resoects according to their true
intent and meaning, and shall indemnify and save harmless c~ ' its
officers, agents and ernnloyees, as therein stipulated, then t 1S obligation shall
bf'come null and voi d ~ otherwi se it sha 11 he and remai n in full force and effect.
~s a part of the ohligation secured hereby and in addition to the face
amount snecified therefor, there shall be included costs and reasonable expenses
and fees, includinC) reasonable attorney's fees, incurred hy City in successfully
enforcina such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety herehv stinulates and agrees thilt no chanqe, extension of time,
alteration or .i1ddition to the terms of the agreement or to the I'lOrk to be [)erformed
thereunder or the nlans and specifications accomoanying the same shall in anywise
~ffect its obliqations on this hond, and it does hereby waive notice of any such
chRnqe, extension of time, alteration or addition to the terms of the agreement
or to the work or to the snecifications.
"
BY:
In witness I'lhpt'f1of, this
and surety ahove nallled, on
Princiral
Surety
~
AM
ICAN BONDING COMPAN
TUCSON, ARIZONA
A STOCK COMPANY
POWER OF ATTORNEY
-
N~ 1 3 51 24
AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administration office in the city of Tucson, State of
Arizona, does hereby make, constitute and appoint as Attorney (s)-in-fact, with full power and authority hereby conferred to
execute
G.F. GERBING. JR. or PAUL C. ARROYO of SAN JOSE. CALIFORNIA.
and deliver and affix the seal of the corporation thereto, if a seal is required, for and on its behalf as Surety and as its act and
deed, all of the following classes of documents, to wit: any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law,
statute, rule, regulation, contract or otherwise, for any single obligation. regardless of the number of instruments issued for the
obligation.
NOT TO EXCEED FIVE HUNDRED THOUSAND ($500.000.00) DOLLARS.
AMERICAN BONDING COMPANY further certifies that the following is a true and exact copy of Article VII Section
3. of the By-Laws of AMERICAN BONDING COMPANY duly adopted and now in force, to wit:
SECTION 3. All bonds, undertakings, recognizances or other written obligations of the corporation shall be
executed in the name ofthe corporation by the president, any vice-president, secretary, any assistant-secretary or
the treasurer, or by such other persons as may from time to time be properly authorized. The president, any
vice-president, the secretary, any assistant-secretary or the treasurer may appoint or remove resident vice-
presidents, resident assistant-secretaries, attorneys in fact, agents or other persons who shall have authority to
issue and deliver bonds, undertakings, recognizances or other written obligations in the name of the corporation.
The corporate seal is not necessary for the validity of any bonds, undertakings, or other obligations of the
corporation. The signature of any authorized officer and the seal of the corporation may be affixed by facsimile
to any power of attorney or certification thereof authorizing the execution and delivery of any bond, or
undertaking of the corporation; and such signature and seal when so used shall have the same force and effect as
though manually affixed.
IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly
authorized officer and its corporate seal affixed, this 1st day of April 1991
~B~
~.
President
STATE OF ARIZONA
COUNTY OF PIMA
On this Ist day of April , 1991 , before me a Notary Public, personally
appeared the above-named officer of AMERICAN BONDING COMPANY, a corporation, known to me to be the person and
officer who executed the above Power of Attorney on behalf of the corporation !ind acknowledges the corporation and
acknowledges the corporation voluntarily executed the same. -. .,--'C~ ~ \~, \ jJ7~)
OFFICIAL SEAL Notary Public ..
· DANIEL B. V AN KIRK
NOTARY PUBLIC. ARIZONA
My Commission Expires Jan. 31, 1995
CERTIFICATION
I, the undersigned, certify that I am the Secretary of AMERICAN BONDING COMPANY, a Nebraska Corporation, and that
the attached Power of Attorney remains in full force and effect and has not been revoked; and furthermore that Article VII
Section 3. of the By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this 13 day of March 1992
~~tJ
Secretary ,
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State of California
NOTARY ACKNOWLEDGMENT
County of Santa Clara
OnMarch 13,1992 before me, Cllristine S. Cornelius (here insert name) Notary
Public, personally appeared G.F. Gerbinq, Jr. , personally known to me (or 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 all 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.
@ OFFICIAL SEAL
CHRISTINE S. C~LIUS
NOrMY PUIUC. CAlFCIIN~
SACRAMENTO COUNIY
Itf Clll1lll. __ Oct It, ,.
-
(Seal)
CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING
NAME OF PERSON(S) OR ENTITY(IES)
o INDIVlDUAl(S) o PARTNER(S) o GUARDIAN/CONSERVATOR
o CORPORATE rn ATTORNEY IN FACT o OTHER American Bonding
OFFICER(S) o TRUSTEE(S) ComDarlY
o SUBSCRIBING WITNESS
ATTENTION NOTARY: ~h the information requested below is OPTIONAL., it could prevent fraudulent attachment of this certificate.
THIS CERTIFICATE MUST Document Title or Type:
BE ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages: Document Date:
HEREIN:
Signer(s) other than named above;
A UN-A9016 (7191) n
.... At~t.lll.e CEFlJ'IFIGA
."'...---.....-""..,............""'...,-.--.--...
EOt=I~SlJBANOE(
. ..........CSFlGG . ISSUE DATE (MMIDDIYY)
WESTeOl 02/24/98
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
PRODUCER
SHARP INSURANCE SERVICES. INC.
P.O. BOX 27018
FRESNO CA 93729
JAMES MOSTEllER. CPCU
209-432-2544
COMPANIES AFFORDING COVERAGE
INSCORP(INS.CORP. OF NEW YORK)
E. l. WESTPHAL CONSTRUCTION
740 ENCINO DR.
MORGAN HIll CA 95037
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
INSURED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR. DATE (MMfDDIYY) DATE (MM/DDIYY)
GENERAL AGGREGATE $2.000.000
COMMERCIAL GENERAL LIABILITY CAIC10001168 04/01/98 04/01/99 PRODUCTS-COM PlOP AGG. $ 2.000.000
CLAIMS MADE . X . OCCUR. PERSONAL & ADV. INJURY $ 1. 000.000
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $1.000.000
FIRE DAMAGE (Anyone fire) $ 50.000
MED. EXPENSE (Anyone person) $ 5.000
COMBINED SINGLE $1.000.000
A CAIC10001168 04/01/98 04/01/99 LIMIT
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
GARAGE LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
EACH ACCIDENT
$
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
OTHER
A RENTED AND LEASED
EQUIPMENT
CAIC10001168
04/01/98
04/01/99
100.000
CITY OF CAMPBEll
70 N. FIRST STREET
CAMPBELL CA 95008
Jll>AqQRl)CORfl()FlAft()tf1~$)O
E.L. WESTPHAL CONSTRUCTION
POLICY NUMBER:
CAICI0001168
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE FULL Y.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS FORM
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule:
Name of Person or Organization:
CITY OF CAMPBELL AND ITS
RESPECTIVE OFFICERS, AGENTS,
AND EMPLOYEES
WORK PERFORMED BY THE NAMED
INSURED PER CONTRACT.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedu e, but only with respect to liability arising out of your ongoing
operations performed for tha 'ns ,ed.
!
q. j. qc
--'
SIGNED BY
CG 20 to to 93
Copyright Insurance Services Office, Inc. 1992
...... .... ........
.........................
........................
........................
...................
.................
...............................................................................................
..........................................................................................
.......................................................................................
.....................................................................................
};:::;::::::::::::;:::;:::;::::;::::;::::. issuE. DA ii. .. (MMiDoivv)
PRODUCER
...... .... ..............
.................... ........................................
.................... .......................................
.................... ........................................
.................... .......................................
.................... ........................................
................... ....................................... .....
;..;..;..;..;..:.;..:.:.:.:.:.;.:.:...............................;........;..;..;..;..;..;..;..;..;..;..;..;..;..;..;..;..;..:.:.:.:... ..:.;..;..;..;..;.;..;.:.;..;.;.;.;..;.:.;....;..;....;..;....;..;..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :::::::::::::;:;:;:;:;:;:;:;:::;:;:;:;::;.. ;.:::;:;:;:;:::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:;:;:;:;>::: / /
.........., ,.................................................................................................................................................................................................................................. .... . :::;:;:;:;:;;;:;:;:;:;:;:;:;:;:::;:;:;::::::::::-:-:-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:::;:::;:;;;:;:;:;:;:;:., :...:........ 7.... .~.?... .~.~. ~ 4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCIES BELOW.
Willow Glen Insurance Agency
P. O. Box 1243
Campbell, CA 95128
(408)369-8060 Fax(408)371-9619
COMPANIES AFFORDING COVERAGE
COMPANY A CNA INSURANCE CO
LETTER
COMPANY B CNA INSURNACE CO
LETTER
COMPANY C CNA INSURANCE CO
LETTER
D
E
INSURED
DONALD WESTPHAL &
DOUGLAS BEELER
E.L. WESTPHAL
BEELER & ASSOCIATES (PRTSHP)
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR;'
TYPE OF INSURANCE
POLICY NUMBER
. POLICY EFFEC11VEPOLlCY EXPIRA lION
DA 11: (MMfDDivv) DA 11: (MMfDDivv)
UMITS
A . GENERAL UABILITY
X : COMMERCIAL GENERAL LIABILITY GL29789853
CLAIMS MADE X OCCUR..
: OWNER'S & CONlRACTOR'S PROT.
03/09/94
03 / 0 9 / 9 5 PERSONAL & ADV. INJURY
$ 1,000,000
.............................. ..
$ 1,000,000
$ 1,000,000
.........................-. .
. EACH OCCURRENCE $ 1, 0 0 0 , 0 0 0
;. FIRE DAMAGE (Anyone fire) $. .......... SO'd()OO
. MED. EXPENSE (Anyone person) $ 5 , 000
: COMBINED SINGLE
~IT $ 1,000,000
. GENERAL AGGREGATE
....................................
. PRODUCTS-COMPIOP AGG.
;. AUTOMOBILE UABIUTY
B . : ANY AUTO BUA29789867
. ALL OWNED AUTOS
X . SCHEDULED AUTOS
X ;. HIRED AUTOS
X . NON-OWNED AUTOS
GARAGE LIABILITY
03/09/94
03/09/95 BODILY INJURY
: {Per person}
$
: BODILY INJURY
. (Per accident)
: PROPERTY DAMAGE $
;. EXCESS UABIUTY
;. UMBRELLA FORM
: OTHER THAN UMBRELLA FORM
. EACH OCCURRENCE
: AGGREGATE
$
$
EMPLOYERS' UABIUTY
. .
............ ................................................................... ................................... ......................."..... ..........................................
. STATUTORY LIMITS
. EACH ACCIDENT $
: DISEASE - POLICY LIMIT $
: DISEASE - EACH EMPLOYEE $
WORKER'S COMPENSAlION
AND
. OTHER
C SCHEDULED EQUI
. BUS/PER/PROPERT
C029789836
03/09/94
03/09/9515,000
278,000
75,000
.DESCIlIPOON. OF OPEllAiiONlliLOC.iiONSivEHiCWiiPECiAi:iTEiiS fHE.. C t TV.. OF.. CAMp BELL.. AN Ii. . tIs. .RE S P Et fIVE... 6 FFtcERS, .. AGENT s... ANn
EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS FROM AND AGAINST ANY CLAIMS, LOSS LIABILITY, COST
OR EXPENSE ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE CONSTRUCTION OF THE PROJECT. THIS
COVERAGE SHALL BE PRIMARY AND ANY COVERAGE CARRIED BY ADDITIONAL INSURED SHALL BE EXCESS INS Y.
JOB: 146/132 REDDING
ERMIT t 94-135
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WilL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAl UCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIAS ITY OF ANY KIND UP T OMP ,ITS A NTS OR REPRESENTATIVES.
CITY OF CAMPBELL
70 N FIRST STREET
CAMPBELL CA 95008
.......................................................................
:ifjiMqpijMm..,jgijjijir
STATE
COMPeNSATION
INSURANCE
FUND
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MAY 2,
1994
POLICY NUMBER:
CERTIFICATE EXPIRES:
1386769 - 94
4-1-95
r
CITY OF CAMPBELL
ATTN: BUILDING DEPT.
75 N CENTRAL AVE
CAMPBELL CA 95008
THIS SUPERSEDES AND
CORRECTS THE CERTIFICATE
ISSUED ON 04-28-94.
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms. exclusions and conditions of such policies.
~~
PRESIDENT
EMPLOYER
,
NADCON DEVELOPMENT INC
POBOX 111657
CAMPBELL CA 95011
L
selF 10262 (REV. 10-861
NG
STATE
COMPENSATION
INSURANCE
FUND
POBOX 807 SAN FRAf\ICiSCO CA 9~: 'J' C807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
iSSUE DATE
01-01-92
:JC)I_:CY \JUMBES 041228 J - 92
CERTiFiCATE 10' PIRES: 01 -01 - 9;;
NADCON DEVELOPERS
ATTN: DENISE
150 E. CAMPBEll AVE STE 101
CAMPBELL CA 95008
,"'1$ IS to cernf'-/ that 'Ne rave issued a'Jaild Iiorke:-s :8mcensatlon nsurance POliC',;' n a form aoprc)':ea av ,~e
'-;1llfnrnl~ nc:.tlranrp C":nmml<:,c:.ionpr in the ~rnnln'.jpr .....~rr'?d ceiow for :he :JO!!Ci :-Jer'od tndlca~ed.
''lIS POIICI .s 'lot subject to cancellation 0'/ the Fund excect upon 30 days aavance written notice ~o :ne emplover
/Je will also give vou 30 da,s advance notice snould ~hlS POIIC'l be cancelled prior to ItS normal eXPiration.
ThiS certificate of Insurance IS not an Insurance pollc,/ and aoes 'lot amend, extena or alter the coverage afforded
b'l the policies listed herein. Notwithstanding anv requirement. term, or condition of anv contract or ether document
with respect to which thiS certificate of Insurance mav be Issued or may pertain. the Insurance affordea 0'1 the
POliCieS described herein IS subject to all the terms. exclUSions and conditions of such poliCies.
cfLp:::DE~
EMPLOYER'S lIABILITY LIMIT:
$3,000,000.00 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/01/92 IS ATTACHED TO AND
FORMS A PART OF THIS POLICY.
EMPLOYER
lEGAL NAME
DARTEZ-JEFFREY. INC.
5787 OBATA WAY
GILROY CA 95020
DARTEZ-JEFFREY,INC AND/OR
RAY J. DARTEZ AND
R. E. JEFFREY,
A PARTNERSHIP
PRINTED 01-07-92
PQ4(;8
~"
~
TRUCK INSURANCE EXCHANGE
_RIM CERTIFICATE AS TO EVIDENCE OIilllllPURANCE
.
THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE.
COVERAGE PROVIDED BY THE POLICIES LISTED BELOW.
Named
Insured .KIYOURNAD NADERZAD AND FIROUZEN NADERZAD
Address .DBA: LATIMER VILLA II
.150 E. CN1PBELL AVE #101
CAMPBELL, CA. 95008
IT DOES NOT IN ANY WAY AMEND. EXTEND OR ALTER THE
5587 35 68
Policy # - Gen. Liab.
96 90 39A
Agent
Policy # - Auto Liab.
Policy # - CARGO
This is to certify that policies for the above named insured are in force as follows:
Policy # - Work Comp.
This Interim Certificate As To Evidence of Insurance shall expire sixty days from 12: 01 AM.,
4-1 - , 19 92 unless cancelled prior to such date by written notice to the named insured.
~~ Please issue a Permanent Certificate
COVERAGE COMBINED LIMITS OF LIABiliTY
COVERED NOT AUTO
COVERED LIABILITY
D [XI Owned Bodily Injury $ ,000 each person
D [ZI Hired $ ,000 each occurrence
IK] D Non-Owned Property Damage $ ,000 each occurrence
D [XI Employer's Non-Ownership
Contingent Liability
Single limit liability for Coverages checked !Xl above $ 1 ,000 ,000 each occurrence
GENERAL LIABILITY Bodily Injury $ ,000 each person * *
[ M&C - QL T
IKI D Owners & Contractors $ ,000 each occurrence
Contractual * $ ,000 ~~~~~~t~g~e~at:
Elevators Property Damage $ ,000 each occurrence
D [Xl Products and lor
Completed Operations $ ,000 ~~~~~t~g~,.a,:
Single limit liability for Coverages checked !Xl above $1,000 ,000 each occurrence
$ ,000 ~~~dU~~t~g~e~at:
D D CARGO $ ,000 each vehicle
$ ,000 each occurrence
D D WORKERS' Statutory
COMPENSATION
* Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Ordinance
Agreement, Sidetrack AQreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by
specific endorsement providing additional Contractual Coverage.
D Described D Description
below waived
OWNED [
AUTO-
MOBilES.
IF
COVERED
YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY
IDENTIFICATION NUMBER
LAST 3
DIGITS
SHOWN
POLICY NUMBER
Umbrella Liability
$
$
$
,000 retained limit
each occurrence
aggregate
If the Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall
provide 30 days advance notice in writing to whom this certificate is issued.
liTHE CITY OF CAMPBELL AND ITS RESPECI'IVE OFFICERS AGENTS AND EMPLOYEES ARE NAMED AS
ADDITIONAL INSUREDS FROM AND AGAINST ANY CLAIMS, LOSS LIABILITY, COST OR EXPENSE ARISING
OUT GF"'i~e me~AY CONNECTED WITH THE CONSTRUcrION Ofea~oJi'RQJEcr. THIS COVERAGE SHALL
BE ~ AND ANY COVERAGE CARRIED BY ADDITIONAL IN~ SHALL BE EXCESS INSURZ\NCE ODlLY"
Address CITY OF CAMPBELL
70 N. FIRST STREET
CAMPBELL, CA. 95008 --J..(\J
Countersigned \,
* * Not Applicable in Texas.
* * * In Texas the aggregate also applies to owners and contractors protective. contractual and I or completed operations.
56-05142-901651 Wf200 Cf1200
1-91 11551
CITY OF ~
Per. . No. 9~' - J3-~
J:NlitHm'l"TlW WKt<:'I" FtR ~ PF3Il'm
~, cx:MP.ENSA'T'TON INSURANCE INmRf.m'T'TON
Name of Contractor/Awlicant E:L. /1 )(JS~I1" / (JaVLsy'Ji"'L-<.,ciu~",,-
One of the follawi.rq ImlSt be on file with the Public Works Oepart:ment:
- A certificate of Q:msent to Self-insure issued by the Di.rector of
In:lustrial Relations; QB
- A certificate of Workers' Q:anpensation Insurance
Insurance Co.
Policy No. Expiration I8te ; OR
~ 'lhi.s Certificate of Exenption fran the Workers' CaIpensation
laws printed below (certificate must be signed).
UJ(l'U'ICATE OF EXEMPrJ:ON
I certify that in the perfonnanoe of the work for this penni.t,
I shall not E!l'Ploy any person in any manner so as to ~
=-m~~r-;:~~
~APPLIClINr: If, after signin;J this
Certificate of Exenption, you should ~ subject to the
Workers' Compensation provision of the labor Code, you must
forthwith carrply with such provisions or this penni.t shall be
deemed :revoked.
OONrRAC'IORS INEDRMATION
Note that all contractors am sub-contractors must have current City of
Canpbell Business License, state Contractor's License am Workers'
===f~'Ql.~~il~1~~((I.ffi{. t (~~4?7ct:"!~,-:xJ,"3
Address 7i!'J (;) r 'tl-":_ _ ' _ -_""":J I...., - 7:~_ ,'"1'-03)
~ , l
state Contractor License NO.~ '-10:3 C?
City Business License No. 'Jtl 1\ 4-0 I Expiration I8te 7/5 \ \ qS'
Will do the followin;J types of work:
LUn:lergrcum _P.c. Concrete ~A.C.Pavin;J
~other (specify) ~0Cl J,'VL..t-,
\
Electrical
f:permin:fo
Revised 8/92
Of'C.4<'lt
~~.. .o~~
... r
u r-'
o 0
... ...
$ ...
~. ,,'
OftCHA."Q.
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO: Bill Seligmann, City Attorney
DATE: May 21, 1998
FROM: Randy Westfall, Public Works Inspector t
SUBJECT: Release of Funds for Notice of Levy 97-646444, Permit #94-135
Please find attached a transmittal letter to the Sheriff of Santa Clara County forwarding a check in the
amount of $6,519.94 as instructed by the subject Notice of Levy. Prior to mailing the letter and
check, I wanted to apprise you of a late development to ensure that we take the appropriate action.
Permit #94-135 was issued to a corporation controlled by Steve Saray to develop the property at 132
Redding Rd. Sometime after construction had begun, the lender, Windy Hill Associates replaced
Steve Saray with a middle-man to administer the finances on the project. This may have been as a
result of learning of the subject court judgment against Mr. Saray. When only one home remained
unsold, the lender assumed control of the project due to default.
At the time the City of Campbell learned of the Levy, we contacted you for guidance relating to
release of funds on deposit for the project. We were told that all funds related to the project,
regardless of who actually deposited them, were covered by the judgment and must be released to the
Sheriff at such time as they were due to be released under normal procedures. It is now time to
release the final $5500 cash Maintenance Surety deposit, plus accrued interest. On May 5, 1998, Mr.
Phil Giurlani with Windy Hill Associates (650-328-3060) called to claim that they should be in line
before the Claimant on the Notice of Levy since they reclaimed ownership prior to the City receiving
notice of the Levy. At that time I informed him that the final check was due to be released in about
three weeks, and that he should immediately contact you to discuss the situation. Please let me know
how to proceed.
CC: Michelle Quinney, City Engineer ~
o \'. c"tAf
t~. . A~~
~ . ..
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OJ?CHA'Q.O "-'
CITY OF CAMPBELL
Public Works Department
Date:
May 21, 1998
TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT
TO:
Sheriff, Santa Clara County
Civil Division
55 W. Younger Avenue
San Jose, CA 95110
FROM:
Randy Westfall, Public Works Inspector
SUBJECT:
Notice of Levy 97-646444, Court Case CV748894
We are forwarding the following:
Our check #67252 in the amount of $6,519.94 in response
to Notice of Levy
Remarks:
Works Inspector
J:\FORMS\CETRANS(EXCEL)
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOD 408.866.2790
,
/'
ORIGINAL
ATTORNEY OR PARTY WITHOUT ATTORNEY IN.m~ IddressJ:
o Recording requested by and return to:
TELEPHONE "'_
txx 408 376-071
FOR RECORDER'S USE ONLY
Philip E. DeMarco
73 E. Latimer Ave.
Campbell, CA 95008
judgment creditor in pro per
ATTORNEY FOR INBmttf:
NAME OF COURT: Superior Court of California
STREET ADDRESS: 1 9 1 N. Fir s t st.
MAILING ADDRESS:
RECEIVED
JUl 1 4 1997
CrTY CLERK'S OFFICE
CITY AND ZIP CDDE:
BRANCH NAME:
San Jose, CA95113
PLAINTIFF: Philip E. DeMarco
DEFENDANT: Kiyoumars Naderzad, ET AI.
NOTICE OF LEVY
under Writ of ~ Execution (Money Judgment)
DSale
LEVYING OFFICER fNBmtt .nd AtJdrttssJ:
Charles Gillingham
Santa Clara Co. Sheriff
Civil Division
55 W. Younger Ave.
San Jose~ CA 95110
408 299':'2005
~3XN.
TO THE PERSON NOTIFIED (name): Ci ty of Campbell, Dept. of
Public Works, 70 N. First st., Campbell, CA
COURT CASE NO.:
CV748894
1. The judgment creditor seeks to levy upon property in which the judgment debtor has an interest and apply it to the satisfaction
of a judgment as follows:
a. judgment debtor (name): Kiyoumars Nade::zad; ~teve Saray aka. saie~ Saraydarpour;
b. the property to be levied upon is described La t~mer V~lla II, Inc; P~ne V~llage, Inc.;
D. in the accompanying writ of possession or writ of sale. Nadcon Development, INc
B as follows:
Any construction deposit funds and cash maintenance sureties that
are being held in trust by the City of Campbell for judgment debtors,
XxtHXH Latimer Villa II, INc, Nadcon, Inc., Pine Village, Inc., and/or
Kiyoumars Naderzad and Steve Saray aka Saied Saraydarpour
2. The amount necessary to satisfy the judgment creditor's judgment is (specify total amount due under the writ less partial satis-
factions plus daily interest from the date of the writ until the date of levy):
$ 251,364.00, plus daily interest of $68.87 from date of writ to date
of levy, plus $26.00 sheriff fee, plus $5.00 assessment
3. You are notified as
a. D a judgment debtor.
b. ~ a person other than the judgment debtor (state capacity in which person is notified):
a third party in possession of the funds
(Read Information for Judgment Debtor or Information for Person Other Than Judgment Debtor on reverse.)
Notice of Levy was
~ mailed on (date):
. ~ delivered on (date):
D posted on (date):
D filed on (date):
D recorded on (date):
7, / LI/ Y7from
7 -. / -!. C/ /
I .
San Jose, CA
Signed by:
47~14
;.{/ '1
, vi
~ Levying officer ~ Registered process server
Bender's Legal Service
1625 The Alameda # 511
San Jose, CA 95126
(408) 286-4182
{Continued on re,verseJ
t1 Approyed by the
Council of California
NOTICE OF LEVY
CITY OF CAMPBELL
CAMPBELL, CA.
WARRANT NO.
67252
ORGANIZATION
ACCOUNT
PURCH.ORDER
INVOICE NUMBER
AMOUNT
DESCRIPTION .
101 2203
101.540 7448
R.D. 050598
R.D. 050598
5~500.00 REFUNDABLE DEPOSIT
1~019.94 INTEREST EARNED
T0002580 SHERIFF~ SANTA CLARA COUNTY
REMITTANCE ADVICE - PLEASE DETACH BEFORE BANKING
1......0~.c~At...{
....r
u\"'
it . ":0
.... '.:..'
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~. . . ,,'
O~('1i ~'11.\"
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CAUFORNIA 95008
VOID.AFTER 90 DAYS
11-35
1210
BANK OF AMERICA
CAMPBELL OFFICE
125 E. CAMPBELL AVE.
CAMPBELL. CA. 95008
WARRANT NO.
67252
DATE 05/19/98 67252
AMOUNT
*****6~519.94**
PAY
SIX THOUSAND, FIVE HUNDRED NINETEEN DOLLARS & 94 CENTS
SIGNATURE
I TO.
SHERIFF~SANTA CLARA COUNTY
CIVIL DIVISION
55 W. YOUNGER AVENUE
SAN JOSE CA 95110
.,';."':
.... ... .
III 0 b ? 2 5 2 III I:. 2 . 0 0 0 :i 5 B I: 0 g . g :i III B 0 2 0 0 III
O,,'CAAt
(&~:.
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CITY OF CAMPBELL
Public Works Department
May 5, 1998
Pine Village, Inc.
P. O. Box 5944
San Jose, CA 95150
Attn: Steve Saray
SUBJECT: PERMIT NO. 94-135
132 Redding Road - Tract 8638
ONE YEAR MAINTENANCE INSPECTION - ACCEPTANCE
Dear Steve:
The City of Campbell has made the final one year maintenance inspection of subject Public
Works improvements and find that no remedial work is required.
Your warranty requirements and any surety, therefore, are hereby released.
Your warranty deposit of $5,500, plus any interest due, will be sent directly to the Santa Clara
County Sheriff Civil Division as required by judgment #97-646444 in the California Superior
Court.
-;PlY,
Ran~#r4
Public Works Inspector
MQ/
cc: Permit 94-135
Public Works/Maintenance Division
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOD 408.866.2790
'"
k tdatJ ht/~
t1 Jl - ~ 3.2--
r
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~
ORIGINAL
ATTORNEY OR PARTY WITHOUT ATTORNEY fName and Address!: TELEPHONE NO.: FOR RECORDER'S USE ONLY
D Recording requested by and retum to: IlK 408 376-0716 9;/-/3.5-
- Philip E. De<<areo
73 E. Latimer Ave.
Campbell, CA 95008
judgJ!ft9nt creditor in pro per
ATTORNEY FOR fNameJ:
NAME OF COURT: Superior Court of California
STREET ADDRESS: 191 N. First st.
MAILING ~DDRESS:
CITY AND ZIP CDDE: San Jos~, CA 95113
BRANCH NAME: Santa Clara County
PLAINTIFF: Phi11? ..,. ne~atlf:o
~.
DEFENDANT: Kiyoumars ~aderzad, ET AI.
LEVYING Of'CER fN~m! ri Atresslh
Char es ,.) nq~ am
MEMORANDUM OF GARNISHEE @f~rI Clara Co. Sheriff
~Xttachment - Enforcement of Judgment) D V sion
55 w. Younger Ave.
San .:rOS!! CA 95110
NOTICE TO PERSON SERVED WITH Wf!~M~ ~~TI~~~'f!~R ~!l6~ OF 0 408 239- 005
ATTACHMENT: This mer:.orandum must e omp ete an mal e oJ de ivere '\0 LEVYING OFFICERFILE NO.:{I COURT 1'4E NO.:
l=WlbMlDg dlatskl8i\hin 110 daJ$ afSLJI~~e ~QIJ o~edt }u~tic~cW levy !/~'/"(//- <t' (/ <I CV 8894
or attachment unless you have fully complied With the levy. Failure to complete and
return this memorandum may render you liable for the costs and attorney fees incur-
red in obtaining the required information.
- RETURN ALL COPIES OF THIS MEMORANDUM TO THE LEVYING OFFICER -
This memorandum does not apply to gar-
nishment of earnings.
1. If you will not deliver to the levying officer any property levied upon, describe the property and the reason for not delivering it:
City still retains $5r500 Maintenance Bond (cash) for pine village and
$920 (cash) for back charges and punch list items yet to be completed
for Latimer villa II.
2. For writ of execution only Describe any property of the judgment debtor not levied upon that is in your possession or under your
control:
3. If you owe money to the judgment debtor which you will not pay to the levying officer, describe the amount and terms of the
obligation and the reason for not paying it to the levying officer:
(Continued on reverse)
Form Approved by the
Judicial Council of California
AT-167, EJ-152 {New July 1, 19B31
MEMORANDUM OF GARNISHEE
(Attachment - Enforcement of Judgment)
CCP 488.610
701.030
MEA. JWBROOK INSURAN,..,2 SERVICES
(When Completed, return this form to:)
100 Century Center Coun Suite #302
San Jose, CA 95112
(408) 453-6006 (800) 870-0037 FAX (408) 453-6077
To: CITY OF CAMPBELL
70 NO. FIRST STREET
CAMPBELL, CA 95008
RECEIVED
JAH.82.m7
Date: 12/02/96
Bond No: SA1301953
Contractor: PINE VILLAGE, INC.
1475 WEAVER DRIVE
SAN JOSl?, CA 95125
rlUJJU,-- .. _ ..._
L\OMIN1STRJ.\ T: G .
Description of Contract: 8638 INSTALL SANITARY SEWER MAIN, REDDING ROAD
Owner: CITY OF CAMPBELL
Contract Price $ 26,620 Bond Amount $ 26,620 Effective Date 8/31/94
WITHOUT PREJUDICING YOUR RIGHT OR AFFECTING OUR LIABILITY UNDER OUR BOND(S) DESCRIBED
ABOVE, WE WOULD APPRECIATE AS MUCH OF THE FOllOWING INFORMATION AS IS NOW AVAILABLE.
1. If Subdivision Is Completed, Please State:
COMPLETION OR ACCEPTANCE DATE: /-)1-91
CONTRACT PRICE: $
2. If Subdivision Is Not Complete, Please State:
APPROX % OR S AMOUNT IS
COMPLETED: ANTICIPATED COMPLETION DATE:
3. Do You Know Of Any Unpaid Bills For Labor Or Material: (Circle One) @ or YES
Remarks: (Would you recommend this contractor) /
PLEASE RETURN THE INQUIRY TO:
100 Century Center Coun Suite #302
San Jose, CA 95112
(543)
Date: / 2..3
Phone: (frg) RG b ~ .j,/b 5'
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~ PERHI'1' ISBt'" -":B ~ LIS'.l'
City of Can~l Encroad1ment Pemi.t No.
Department of Public Works
~AY' Applicant sectiat catplete
.:d& Applicant signature and date
.rMi Permit Applicatiat fee $210.00 paid
Receipt rn.nnher 7 0 .) '3 .3
/fJ ~ ~ P.C-F66 PA 1.1:>
{I Plan cheC.k deposil:, $500.00 paid
Receipt rnnnher
I z/r !'J:f Five sets of i.nprovement plans t::n1-rn;tted
971-/35"-
0hr SUzel:y for faithfUl perfCDllOllCl!, lOot of City El>;ineer's
estimate, ~lied or paid
Anx:R.mt $ 2Zr o-m:J. 00 Form 6trnlb 1.0. #. 7'-1027/8
1:h1 Cash Deposit: 4% of FP surety, $500 minimJm paid
Amount $'6'f?O. 07:) ~ipt No. 703 'jtf-
~/0 -J-6;om; P~e.. COQ~C
f~ 9'1 Plan Oleck & Inspecticn fee of 14t of F .P. surety for llIID1I1ts of
$0 - $30,000; 10% for 30,000 - $80,000; 7% fer $80,000 and above;
$200 minimum paid
Amount $ 5,O~O. C/r;/ R~ipt No. 70,3,1)
~/z.Pt+Worker's cc:lIpmSatiat infonnatiat received fer Applicant
(see Info:nnatiat Sheet for Erx::roachment Permits)
All other Public Works requ:ireDents listed in the COrditians of
Approval of the deve1cpnent.
\-'Ua-<4..\..Worker's CCltpanSatiat and Contractor's Infonnatiat received for
Contractor (see Informatiat Sheet for Encroachment Pennits)
\-~-q"'<m'tificate of Insurance with Additional Insured's Erdorsement
received fran Q)ntractor (see General SUmmazy of Insurance
Requirements for Enc::roadnnent pemits)
'lhree sets of off-site plans, staIrped APFROVED (Tract or
Developnent and Public Works Pemit J'llnnher and prqlerty aairess
at plans)
Permit signed for City Erqineer
WHEN AIL OF 'IHE ABJVE ITEMS ARE CXJo!PIErE, PERMIT M1iY BE: ISSUED
Issuer: Initial and date and file with pcmn:it
~ ISSUANCE, INITIATE CiECK REXJJEST FOR PIAN CiECK OEroSIT
REFUND
f:pmtcklst
:Revised 8/92
Of.C"'il1
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CITY OF CAMPBELL
Public Works Department
May 24, 1994
Steve Saray
Pine Village, Inc.
P. O. Box 5544
San Jose, CA 95150
Subject:
Tract 8638, 132 Redding Road
Grading and Drainage Street Improvement Plans
Permit 94-135
Dear Mr. Saray:
The Engineering Division has reviewed the grading and drainage plans and the offsite
street improvement plans and the following are our comments:
1. The plans are to show the use of City of Campbell Bench Mark #89 or #90.
These are the closest City datum bench marks. (See attached bench mark data.)
2. Show "Tract 8638" on title block.
3. Show "Permit 94-135, 132 Redding Road" below title block.
4. Show the revised City of Campbell plan notes dated 6/93, copy enclosed.
5. Show all existing utilities in the street, including storm mains and services and
sizes on plan view with offsets from CIL
6. Show existing sanitary and storm drain mains on profile view with sizes, slopes,
inverts and rim elevations.
7. Show existing utility services to be utilized or abandoned and new utility services
to be installed. All water meters, sanitary sewer cleanouts, electrical, telephone,
television cable splice boxes shall be installed behind the back of sidewalk or right
of way line.
8. Show existing street lighting system, existing standards, luminaire type, wattage,
mast arm length, pull boxes, conduits, conductors.
70 North First Street. Campbell, California 95008.14:23 . TEL 408.866.:2150 . FAX 408.379.:257:2 . m!) 408.866.:2790
Steve Saray
May 24, 1994
Page 2
9. Show proposed on-site storm drainage system, pipe sizes, slopes, inverts and grate
elevations. All on-site storm water to be collected on-site and conducted directly
into the existing and/or proposed storm drainage system. Show installation of
storm drain manhole, 12" RCP (miD.) at 1.00% miD. within public right of way
with on-site drain inlet adjacent to right of way line and at an accessible location.
Show all existing and proposed inverts and grate elevations. Proposed invert into
public storm drain system to come in at or above crown of existing storm drain
but in no event lower than springline of existing system. Please submit hydraulic
calculations for drainage system.
10. Show basis of stationing. Sta. 0+ 00.00 is the intersection of the centerlines of
Redding Road and White Oaks Road. Show on plans. All other tracts are
referenced to that stationing.
11. The grades of the onsite grading and drainage plan do not coincide with the
grades of the offsite plans. The westerly top of the curb is shown as TC 242.43 on
the offsite plans and as TC 241.85 on the onsite plans. You show a storm drain
manhole rim elevation of 241.38 on the offsite plans and 240.84 on the onsite.
Correct all work to City datum.
12. The natural slope of the land is toward the northeast comer of the property. It
would seem appropriate to install the offsite inlet at the northeast comer of Lot 1
and install the 12" RCP to the storm drain manhole from there.
13. Show that the existing sidewalk at the west is 5.5' wide.
14. Your typical section shows a 4.5' separated sidewalk. The plans appear to show a
non-separated sidewalk. Show exactly which one is to be used. See sidewalk
detail, page 3.
In either event, the back of driveway shall extend to the right of way line. See
driveway approach detail, page 6. Show sidewalk and driveway graphically correct
and dimension from centerline.
15. Add the enclosed "Tree Planting With Bubbler Irrigation" to the plans.
16. There is an abrupt, severe, adverse longitudinal change in grade in the centerline
easterly from the storm drain manhole at Sta. 7+49. Please show in detail and
accurately on plan and on profile and include sufficient grades and transverse
slopes so that an appropriate design can be made.
Steve Saray
May 24, 1994
Page 3
17. On the street pavement structural section detail, show '71 = 7, R-Value = 7
(estimated)." Your structural street section, recommended by your engineers,
shown on the plans is acceptable. Show "3 1/2" Type B AC. 3/4" Maximum
(Medium) on 12" Cl2. AB.l 1/2" Max. on compacted native to 95% relative
compaction; or "8 1/2" Type B, AC. 3/4" maximum (medium) on compacted
native to 95% relative compaction."
A marked-up copy of your Sheet C-1 and the grading and drainage plan are being
transmitted for your review.
Other comments may be forthcoming after resubmittal. Please call me if you have any
questions or comments.
Very truly yours,
/) d1f . ~
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Cruz S.,' , omez . ()
Assistant Engineer
JMB
Enclosures
cc: Lee Engineers, Inc., 1211 Park Avenue, San Jose, CA 95126
File: Permit 94-135
h:94-135(mp)
HOWRRD L.VIERRR
TEL No.
408 997 3701
Ma~ 24.94
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8:57 P.Ol
J1q.. 14 1""
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CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP S E L. L, C A L , FOR'N 1 A i 6 0 0 8
(408) 818-2100
FAX" (408) 37i.2672
bepal1ment: Public Works
March 22, 1994
Fidelity National Title
Attn: Chuck Maurer
.20.10N...ar.t.Str~t, #500
SaD Jose, CA. 95131 '
Subject: 132 Reddini Road, Tract 8638
Dear Mr. Maurer:
Bnclosed please find the orilfnal copy of the final map for Tract 8638. The City Council
approved this map at its meeting on Mareh 15, 1994. This map sball Dot be recorded until
the funds from the construction loan for this property are in your escrow iWCOunt. Upon
recordiDB the map, the following fees are due and shall be lIlade payable to the Qty of
Campbell:
,Storm drain area fee:
Park dedication in-lieu fee:
Publ1c works encroachment permit fees:
Public Works aLSh deposit:
$2,025
46,830
3,290
5,880
-~..._-----------------------------------_._------........._-----------.......
TOTAL
558,025
~ '
The Qty also requJres one full size xerox mylar and one blue.line copy of thf. subdivision
map after it has been recorded. If you have any questions, please call me at,866~~lS8~
., I . I
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CIty of Campbell
City
Council
Report
Item:
Category: Consent Calendar
Date: March 15, 1994
TITLE:
FINAL MAP AND STREET IMPROVEMENT AGREEMENT, 132 REDDING
ROAD, TRACf 8638
RECOMMENDATIONS
1) Adopt the attached resolution approving the Final Map of Tract 8638, and
authorizing the Mayor to execute an agreement with Pine Village, Inc., a California
Corporation, to install street improvements at 132 Redding Road.
2) Require the applicant of this subdivision map, Steve Saray, to post a refundable cash
deposit of $5,000 to cover potential staff costs associated with enforcing the
requirement to install street improvements in conjunction with this development.
DISCUSSION
On November 2, 1993, the City Council approved a Tentative Subdivision Map (TS 93-04)
to create 12 townhome lots on property located at 132 and 146 Redding Road. Redding
Road is unimproved in this area, so full street improvements will be installed by the
developer in conjunction with this development.
The applicant of this subdivision map, Steve Saray, has been involved in the development
of many subdivisions in the City of Campbell since approximately 1988. The City has had
numerous problems with satisfactory completion of street improvements associated with
these projects. Within the past year, the City has sought assistance from bonding companies
for the satisfactory completion of street improvements on projects by this developer on
Latimer Avenue, Sunnyoaks Avenue, and Hacienda Avenue. Prior to seeking assistance
from the bonding companies, numerous attempts were made to have the applicant repair
the deficiencies in the improvements. Many staff hours were spent repeatedly corresponding
with the developer, reinspecting work, and seeking relief through bonding companies.
Recognizing this pattern of unresponsiveness on the part of this applicant, staff seeks to
have the applicant post a refundable cash deposit of $5,000 to cover such staff costs, should
they be incurred on this project. This deposit is in addition to the usual fees and deposits
associated with this development. Should the development proceed smoothly, the deposit
will be refunded to the developer.
Staff is satisfied that all conditions of approval of the tentative map have been satisfied or
will be satisfied prior to recordation of the map, and the final map is therefore
recommended for approval by the City Council.
FISCAL IMPACf None.
Final Map and Street Improvement Agreement: Page 2
ALTERNATIVE
Do not approve the final map.
Approved by:
PUblic Works Director
Approved by:
City Manager
Attachments: Resolution
Agreement
Plat
File: TS93-04
h:finmaps(mp )6.0
March 15, 1994
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE FINAL MAP OF TRACf 8638, ACCEPTING THE
DEDICATIONS OFFERED THEREON AND AUTIIORIZING THE MAYOR
TO SIGN THE MAP AND EXECUlE AN AGREEMENT FOR STREET
IMPROVEMENTS AT 132 REDDING ROAD
BE IT RESOLVED by the City Council of the City of Campbell, California as
follows:
The City hereby consents to recording of the map of Tract No. 8638, the map is
hereby approved, the dedications offered on the map are hereby accepted for the purposes
for which the same are offered, the applicant is required to post a refundable deposit in the
amount of $5,000.00 in addition to the required filing fees, and the Mayor is authorized to
execute an agreement with Pine Village, Inc. to install street improvements at 132 Redding
Road.
PASSED AND ADOPTED this 15th day of March 1994, by the following roll call
vote:
AYES: Councilmembers:
NOES: Counci1members:
ABSENT: Councilmembers:
APPROVED:
Jeanette Watson, Mayor
ATfEST:
Anne Bybee, City Clerk
,
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A.GR.B.BM.Blf.:I
TInS AGREEMENT (identified as No. WO 44) made and entered into
this _ day of . 19-, by and between PINE Vll..LAGE, INC., A
CALIFORNIA CORPORATION, hereinafter referred to as "Owner," and the CITY OF
CAMPBE~ a municipal corporation of the County of Santa Clara, State of California,
hereinafter referred to as "City."
WHEREAS, on November 2, 1993, the City Council ~anted conditional
approval of TS 93-04 for that certain real {)roperty described in Exhibit A attached and
incorporated as thousili fully set forth herem, and commonly known as, 132 and 146
Redding Road, which property is hereinafter referred to as "said real property";
WHEREAS, compliance with the terms and conditions of this agreement are
conditions to the approval of the above described Tentative Subdivision Map;
NOW, THEREFORE, IN CONSIDERATION OF THE
ABOVE-MENTIONED APPROV ~ and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at his 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
Owner or his successors shall be excluded.
(2) It is expressly understood and agreed to that if Owner shall fail to
complete the work required by this Agreement within the said 12 month period, the City,
after giving ten (10) days written notice thereof to Owner, or his successors, may
construct and/or .install said improvements and recover the full cost and expense thereof
from owner, or his successors.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense
improvement {)lans for the construction and/or installation of said improvements prior to
such construction or installation. Said plans shall be prepared by a CIvil engineer
registered by the State of California anil submitted to the City Engineer for examination
and approval.
All of said improvements shall be constructed and/or installed in accordance
with those J?lans approved by the City Engineer and shall be made under the supervision
and 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 to all plans, specifications, standards, sizes, lines and grades
approved by the City Engineer, and all State and County statutes applicable thereto.
Upon completion and acceptance of the improvements by City, Owner, or his successors,
shall provide reproducible as-built plans to the City Engineer.
t' {
"
(4) The constmction work of the improvements embraced by this agreement
shall be done in accordance with the specifications of the Cty of Campbell and West
Valley Sanitation District of Santa Oara County, where indicated.
~5') Prior to approval of the plans by the Oty Engineer pursuant to Section (3)
of this Agreement, owner, or his successors, shall pay to the City for examination 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. 8324, as adopted by the City Council on June 11, 1992.
(6) Owner, or his successors, shall file with City, prior to begjnnin~ construction,
surety acceptable to the City in an amount equal to the Oty Engineer's estImated cost of
the street improvements to insure full and faithful performance of the construction of all
the aforementioned improvement work, excluding sanitary sewers and water distribution
system. Said surety shall guarantee that Owner, and his 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
surety shall remain in effect until one (1) year after date of final acceptance of said
improvements by City. Said surety amount may be reduced by the City Engineer after
the date of final acceptance to not less than twenty-five (25) percent of its full value.
(7) Upon final release of said surety by City, the obligations of Owner, and his
successors, contained in this Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his successors, will 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
~alifornia created for the purpose of constructing and/or installing. any or all of said
unprovements.
(9) Owner, or his successors, shall participate in and become a part of any
special assessment district as described in paragraph (8) of this Agreement.
. It is e~ressly understood that any obligations of Owner, or his successors,
contained in thIS Agreement that are accomplished to the satisfaction of said City
Engineer by said special assessment district shall be considered null and void.
(10) Owner, or his successors, shall make such deposits or file such bonds and
enter into such agreement as required by West Valley Samtation District of Santa Clara
County to insure the installation of a sanitary sewage system to serve said real property,
and Owner, or his successors, shall file with City, upon execution of this Agreement, a
letter from said Sanitation District stating that Owner, or his successors, have made such
deposits or filed such bonds and entered into such agreements.
(11) Owner, or his successors, shall pay to Pacific Gas and Electric Company
any and all fees required for installation of underground wirin~ circuit to all electroliers
within said real property when Owner, or his successors, is notified by either the City
Engineer or the Pacific Gas and Electric Company that said fees are due and payable.
(
( (
.'
Owner's, and his successors', obligations under this section shall not be relieved by delay
or the passage of time, but shall remain binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits or file such bonds and
enter inW'such agreement as required by San Jose Water Company when called upon to
do so to insure the installation of a water distribution system to serve said real property,
including fire hydrant. Owner's, and his successors', obligations under this section shall
not be relieved by delay or the passage of time, but shall bind Owner and successors
indefinitely and forever.
(13) Any easement and right of way within or without said real property
necessary for the completion of the ~rovements shown upon aforesaid improvement
plans shall be acquired by Owner, or his successors, at his own cost and expense. 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, or his successors, 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.
(14) Owner, or his successors, shall carry out any and all negotiations with all
interested parties and shall perform or cause to be performed at his own cost and
expense and to the satisfactIon of the City Engineer any and all work resuired to
abandon, remove, raise, lower, relocate and othenvise modify irrigation line or lines
within the boundary of said real property.
(15) To the fullest extent permitted by law, Owner, and his successors, shall
indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys,
officers, officials and assignees harmless from any and all claims, damages, losses and
expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from
any negligent or intentional act or omission (including misconduct) of said Owner, or his
successors, or any subcontractor, or anyone directly or indirectly employed by him, or
. anyone for whose acts any of them may be liable m the course of performance of the
.' Agreement.
The Owner, and his successors, shall also indemnify, defend and hold the City of
Campbell, and its agents, attorneys, employees, officers, officials, and assi~ees harmless
against and from any and all claims, demands, liabilities, losses, lawsuits, Judgments,
damages, costs and expenses (including, but not limited to, attorneys' fees and court
costs, whether incurred at trial, appellate or admini~trative levels) which the City of
Campbell may incur or suffer, or to which the City of Campbell may be subjected
resulting from the failure of Owner, or his successors, or hiS agents, employees,
subcontractors, or anyone performing services under him, to f1ilfill any of the obligations
imposed under this Agreement.
(16) It is acknowledged that the provisions of this Agreement constitute
covenants for the improvement of the subject real proper:o/ for the mutual benefit of
Owner's property, commonly known as 132 and 146 Redding Road, , and the City's
property, commonly described as Red~g Road where it adjoins Owner's property.
. I
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These covenants shall be considered to affect rights in the above-desc:ribed real
properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner
to said real property.
.('17) Nothin~ contained herein shall be construed to transfer
any unv~~ted interests m real or personal property for purposes of the rule against
perpetuities.
(18) In the event that Owner, or his successors, should breach any of the terms,
conditions, or covenants of this Agreement, the Ci1)' shall be entitled to recover, in
addition to any other relief available in law or eqwty, all costs incurred in attempting to
obtain enforcement of the Agreement, or compensation for such breach. These costs
shall include reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and there are no
repr~sentatlons, agreements, arrangements or understandings that are not fuIIy expressed
herem.
.'
(20) This Agreement can be executed in counterparts by the parties hereto, and
as so executed shall consist of one agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its
Mayor and City Clerk, who are duly authorized by resolution of the City Council, and
said Owner has caused his name to be affixed the day and year first above written.
APPROVED AS TO FORM:
CITY OF CAMPBELL
William R. Seligm:lnTl
City Attorney
Jeanette Watson
Mayor
. . '.':,.':, ."
. .' Anne Bybee, City Clerk
h:pinevi1( mp )6.0
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LOCATION MAP ::E:E:E i:~ ... 14201'6
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ZC 93-03/PD 93-02/TS 93-04 JE:E:E ~4 -
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, .u 132 · 146 Redding Road '10 II I I . ~
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CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department: Public Works
February 28, 1994
Lee Engineers
Attn: Mun Lee
1211 Park Avenue
San Jose, CA 95126
Subject: TS 93-04, 132 Redding Road
Dear Mr. Lee:
Enclosed please find one copy of the latest revision of the above map. Please make the
minor revisions indicated, and have the original signed by the owner and yourself. After the
original is revised and the above signatures are affixed, please fOIward the original map to
the City's consulting land surveyor, Robert McDermott at Jennings-McDermott-Heiss. Mr.
McDermott's address is 950 S. Bascom Avenue, Suite 2111, San Jose, 95128. Please forward
with the original copies of the revised calculations for lot 4 and lots 9 through 12.
H you have any questions, please do not hesitate to call me at 866-2158.
ve::~yo~, /J/?_
//"qu i~
Michael A Fuller
Assistant Engineer
cc: Steve Saray, 1475 Weaver Drive, San Jose, CA 95125
Robert McDermott, 950 S. Bascom Avenue, Suite 2111, San Jose, CA 95128
Attachment: Red-Lined Map
File: WO( 44)
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CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
February 15, 1994
Jennings McDermott Heiss
Attn: Bob McDermott
950 S. Bascom Avenue, Suite 2111
San Jose, CA 95128
Subject: 132 Redding Road, 1'5 93-04
Dear Mr. McDermott:
I am copying you on my third round of comments to Lee Engineers pertaining to the subject
map. I believe that your previous concerns have either been corrected or addressed in my
comments. If you have any comments, please call me at 866-2158.
Very trul~o~;/,
:?iA?J~j!ft1
Michael A Fuller
Assistant Engineer
Attachment: Red-Lined Check Print
Letter to Lee Engineers dated 2/14/94
File: WO( 44)
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70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department: Public Works
February 14, 1994
Lee Engineers
Attn: Mr. Mun Lee
1211 Park Avenue, Suite 112
San Jose, CA 95126
Subject: 132 Redding Road, TS 93-04
Dear Mr. Lee:
Enclosed please find one red-lined copy of the final map for the above project. The
following comments are made in addition to those on the map:
1) There are several inconsistencies between the information shown on the map and the
information in the calculation sheets which you submitted. These inconsistencies are
outlined on the map.
2) All distances on the map must be shown on the nearest 1/100 foot.
3) Several comments are made for the second or third time, including the need to show
the existing P.D.E. along the southerly property line, per Tract 23. Tract 6989 is
shown in the wrong location. Please show the 3/4" I.P. set along the southerly
property line per 594M23, as indicated in my comments on the map.
4) Bearings must be shown for each interior line. This may be done by symbol or note
to avoid crowding the drawing. Showing bearings as "typical" is not sufficient.
5) Other minor changes have been noted for the sake of clarity.
6) An iron pipe must be shown to be set at each of the comers of the subdivision.
Lee Engineers
Attn: Mr. Mun Lee
IT you have any questions, please call me at 866-2158.
Very truly ~urs,
trrukiJtt
Michael A Fuller
Assistant Engineer
cc: Steve Saray, 1475 Weaver Drive, San Jose, CA 95125
Attachment: Red-lined Map
file: WO(44)
February 14, 1994
Page 2
f
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department: Public Works
January 17, 1994
Jennings, McDermott and Heiss
Attn: Bob McDermott
925 S. Bascom Avenue, Suite 2111
San Jose, CA 95128
Subject: TS 93-04, 132 Redding Road
Dear Mr. McDermott:
I am forwarding via San Jose Blueprint the final map for the above project. Please review
this map and comment as appropriate. This map has been reviewed with reference to the
following:
1) Preliminary title report, dated 11/10/93
2) Tentative map
3) Field review
4) Engineer's calculations
5) Tract 23
6) Tract 6989
7) Tract 7095
8) Tract 7201
9) Tract 7972
10) Tract 8114
11) PM 594 M 23
Reference was made to R.O.S. 381 M 47. I am currently in the process of acquiring this
document. My comments are written on the maps. Please note that the distance along the
centerline of Redding Road from the found monuments to the boundaries of this project
were not measured. It is my feeling that they would have to be measured to locate this
property. Do you concur? I have also forwarded the above references to your office for
your convenience.
CITY OF CAMPBEll
Bob McDermott
January 17, 1994
Page 2
Please comment as you see fit, and return one print of the map with the map references.
H you have any questions or need any further information, please call me at 866-2158.
Very~yy~, /J~~
~.~~ 7/fll~ZU
Michael A Fuller
Assistant Engineer
Attachments: References Listed Above
File: WO( 44)
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CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
DepartmentPublic Works
January 5, 1994
Mr. Steve Saray
Pine Village, Inc.
1475 Weaver Drive
San Jose, CA 95125
Subject: TS 93-04, 132 Redding Road
Dear Mr. Saray:
The check prints for the above subdivision map have been forwarded to your engineer, Lee
Engineers. Prior to agendizing this map for approval by the City Council, the following
conditions of approval must be met:
1) A clearance letter must be received by the City from West Valley Sanitation District.
2) A storm drain area fee of $2,025 must be paid.,
3) A performance surety of $22,000 must be posted for the work in the public right-of-
way.
4) An encroachment permit application must be submitted to the City.
5) An application fee of $210 must be paid.
. 6) A plan check and inspection fee of $3,080 must be paid.
7) A cash deposit of $880 must be paid.
8) Three copies of a grading and drainage plan must be submitted to the City for
review.
9) The subdivision map must be approved by the City Engineer and the City's
consulting land surveyor.
Additionally, the other conditions of your tentative map approval, including the payment of
the park dedication in-lieu fee, must be met.
CITY OF CAMPBELL
Steve Saray
-2-
JanuaIy 5, 1994
The City will not begin review of the street improvement plans until an encroachment
permit application is received, and the application fee ($210) and plan check deposit ($500)
are paid. If you have any questions, please do not hesitate to call me at 866-2158.
ve.ry.t~our~ _ ##
Fl4tt/~Ut{;t(4
Michael A Fuller
Assistant Engineer
File: WO( 44)
.,
CITY a: C'JHlIlELL, CITY OOII&R'S ~,.u:rICII ESTIMATE PEll4IT 11). (/<;;,A 'f
Ad:t'ess 13 z. n.61YDrw6 tZtJ JflD b( /hA-v.2, date
.
&.rfec:e Ccrstru::t i en
Cleari III & Gr\J:tIi III LuIp b Estimte .$ 5oo,crn
SaaJt Ca'crete z/o LF a "'$4.50 .$ ~$fS-, en)
Cacrete RlmMll Sfa '*15.50 .$
Orb & GJtter RlmMll LF a -SS.50 .$
Inlot Drain with Pipe I EAa S6OO.00 .$ 6t10. 0-0
Orb & GJtter /0~ LF a $16.00 .$ 2- ~ g''6. erO
Sic:BoBlk 630 Sfa $4.50 .$ Z 't 3S-, cro
DriVI!WIIY AArcecf1 z~o Sfa $6.00 .$ /, b'10. era
Hlrdi~ Ralp EAa $475.00 .$
Extrukl Orb EAa 10.00 .$
Barric:a:ie LF a $60.00 .$
::5, 0 Z'f Sf x ,( 5-, 62'1. 61
Street Excavatien ($0.12) x ( /'(> /z.. ") .$
N:. P8II8IB'lI: 3, 02 t{ Sfx (0.35) x ( ~ /-z. ") .$ 3, 7or, ~()
Adjust Mirllole to Grade EAa $425.00 .$
Adjust Ha"dlole to Grade EA il $325.00 =$
Mcnmnt Box w/Ma'UlB'lt EA&I S7OO.00 .$
Street Tree (15-gallen) ~ EAa S350.00 .$ /, 'i OCJ ' crt)
P8II8IB'lI: StripirQ ($100nin) LF a $ .75 =$
P8II8IB'lI: Legerds ($100nin) EAa sse.OO =$
St~, Street Nare other SilJ1 EAQ $140.00 =$
P8II8IB'lI: Marker EAa $17.00 =$
P8II8IB'lI: Key QJt LF a $10.00 =$
.$
.$
9.rfec:e &bt:otal "S" .$ 1'7, <] 77. tJr
Adjust for size: "S" > $100,00J,Sl.btract tox =$ / 7r ~ 71. 3L(
Street Li q,t hll
Electrolier - EAQ S22OO.00 =$
Caliri t LF a $10.00 .$
Ccrd.I:tor, pei r --- LF a $2.00 =$
Pull Box EAa S2OO.00 .$
.$
Stann Drai nElQe
12- or 15" RCP qS- LF a $70.00 .$ )/ f)t}. Cll)
18" or 21" RCP LF a SBJ.oo =$
Street Inlet EAa $1750.00 =$
MErhole EAa S25OO.00 .$
Break & Enter MErhole / EAa S750.00 .$ 7 5- 0 ' ev
.$
TOTAL ESTI""TE $ Z /, '117. 3'/
revi sed 8192 USE FeR IKKl $ Z2, 0ZJl) , Vb
F: ccnc:ost
(
fll I. T. Y: 0 lL r J" fI n "1 ~ r Ii
L if' '. L~ . YD. .r JiJ C ~ .
70 NORTH FIRST STREET
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department: Public Works
December 15, 1993
Steve Saray
150 E. Campbell Avenue #201A
Campbell, CA 95008
Subject: 132 & 146 Redding Road, TS 93-04
Dear Mr. Saray:
The City has received a copy of your final map and street improvement plan for the above
project. Prior to review of the final map, the following items must be submitted:
1) Final map filing fee of $1,573.00.
2) Two copies of a preliminary title report prepared within the last six months.
3) Two copies of the soils report prepared for the project.
4) Engineer's calculations.
Prior to review of the street improvement plans, the following items must be submitted:
1) Encroachment permit application.
2) Permit application fee of $210.
3) Plan check deposit of $500.
The package which I gave you last week outlines the items which must be complete prior
to obtaining building permits for this project. If you have any questions, please do not
hesitate to call me at 866-2158.
V eIJ.: l~ J'.Ou~r'%l
..:Z#~Ad/1 ~
- Michael A. Ful er
Assistant Engineer
~~
File: WO( 44)