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ENC2000-00072
CITY OF CAMPBELL DEPT. OF PUBLIC WORKS 70 North First St. Campbell, CA 95008 (408) 866-2150 Fax (408) 376-0958 ENCROACHMENT PERMIT (for working within the public right-of-way) Permit expires in 12 months Permit No.[~~ X-Ref. file Application Date-"'/---~ Application expires in 6 months APPLICATION - Application is hereby made for a Public Works Permit in accordance with Campbell Municipal Code, Section 11.04. (Application expires in 6 months if th. pen'nk is not issued. Application F~ is non-refundable.) Utiliz~ tn"rich location C. Attanh four (4) copies of an engineered plans showing the location and extent of the work, and four (4) copies of ~ preliminary End's Estimate of work. The plans shall show the relation of the proposed work to existi~ surface and unckrg~uund improvements. ~ approved by the Cit~ Engineer, said plan becomes a pan of D. All work shall conform to the Cit~ of Campbell Standard Specifications and Delails for Public Works Construction; the General Permit Conditions listed on ~ reverse side; and the Special Provisions for this permit, list.~l below. Failure to abide by these conditions and provisions may result in}o~ shut-down and/or forfeiture of F~thful Performance Sureties and rash deposits. (See General Permit Conditions 1 and 2.) E. THE CONTRACTOR MUST HAVE THIS PERMIT AND APPROVED PLANS AT TIlE SITE AND MUST NOTIFY TIIE PUBLIC WORKS DEPARTMENT AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORICS AT LEAST 24 HOU1LS BEFORE RESTARTING ANY WORK. ~ ',~Z- (3~x, t'&~es t0~o.~'? ,~- ,..S'~, ~c., ~s~. c. - 3rcl ' Is rigs work beiag done by the property owner at their own residence? yes The Applicant/Permiuee hereby agrees by affixing their signature to this permit to hold the Ci~ of Campbell, its officers, ager~s and employees free, safe and harmless from any claim or demand for dam~es resulting from the work covered by this permit. .~f: An~PP~nl~. ffpemfiu~ hereby acknowledges ~ they have read and understand hoth the...f~?ack' of -- ~ / I pplicanffpermiu~)' (sign~ - ~" ~ ~ ' Da~ .SPECIAL PROVISIONS i~'l. Stre~ shall not be open cut for underground imhallations. Minimum cuts may be allowed for conne_~__Lens or exploraion holes. Such cu~ may be spedf'~all¥ approved by the Inspector prior m cuuim,. ~2. Pavement may be cut for underground installations and must be restored in accordance with the Utility Trench' Restoration Standard De~Is, Medial 'A~iBa:kfill~ unless o~berw~se approved by Inspaxaor. · ~"3. Work to be staked by a licensed ~ Surveyor or Civil En~in~r and two {2) copins of the cut ~ sm to the Pub¥~: Works Depaml~nt ~ffore startin~ work. ~"4. Per Section 4215 of the Government Cnde this permk is not valid for excavations unsil Unde~u~md Service Alert (USA) lm.s been notif,,xl and g~e inquiry __5. id~mtifmation number bas been en,,'red hereon. USA Phone 1-~0-227,26(X}. USA TICKET NO. SEE PUBLIC WORKS FEE SCHEDULE FOR C~ Fl~'q "J '''/.I~ ' ::::: ~ ' ' /. PERMIT APPLICATION FEE CONSTRUCTION CASH DEPOSIT PLAN CHECK & INSPECTION ~ ., v ENERAL PERMIT CONDITIONS I. A CONSTRUCTION CASH DEPOS1T is r~luired. Charges will be made against lttis deposit if there is an emergency call-out, ovcrtin~ ins~fion or when City ordered barricading is required. Any such costs in excess of the deposit will be billed to the Permittee. 2. A ONE.YEAR MAINTENANCE PERIOD AND SURETY are required. Such period will begin on date of wriuen acceptance by the City. 3. REFUND of the cash deposit balance and refund or cancellation of the Faithful Performance Surety will be inidated by the wri~en acceptance of the work by the City. 4. The Permi~e MUST REQUEST IN WRITING a final inspection and acceptanco of the work upon completion. Accepl~aco by the City will be made in writing to the Permittee. $. MAINTAIN safe pedestrian and vehicular crossings and free access to private driveways, bus stops, fire hydrants and water valves. 6. A CONSTRUCTION TRAFFIC CONTROL PLAN and a CONSTRUCTION SCHEDULE is required for all lane closures, demurs and sueet closures. This plan must be REVIEWED and APPROVED prior to any lane closures. 7. The CONSTRUCTION TRAFFIC CONTROL PLAN shall conform with the Caitrans Manual of Traffic Con~rois for Construction and Maintenance Work Zones, dated 1990, available at Caitrans. Traffic control equipment shall include Type 11 fla~hin~ arrow signs if required. 8. REPLACE IN KIND any damaged or removed existing improvements, including planting. 9. Sawcut for all PCC or AC removals. All PCC removals shall be to nearest scoremark and shall be doweled to existing improvements. I0. OVERTIME INSPECTION PREMIUM will be charged against the cash deposit for inspection required outside the hours of 8:00 a.m. to 4:00 p.m. at the current overtime rate, minimum one hour charge. I 1. SATURDAY INSPECTIONS must be arranged in advance. Saturday inspection time is charged at the current overtime rate with a three hour minimum. Adva~nce payment for the estimated time is required. 12. Adequate signing and lighted BARRICADING is required on the job site. Failure to provide such signing and barricading may result in the City's renting such signing and barricades and charging the cost (including all labor and materials) against the cash deposit. I3. Compaction testing of subgrade, base rock, and asphalt concrete by Perrnittee is REQUIRED unless otherwise stated by the City Engineer. 14. The Contractor or Permittee will have a SUPERVISORY REPRESENTATIVE available for contact on the project at all times during construction. Contractor or Perrnirtee shall provide a phone number at which they can be contacted outside the hours of 8:00 a.m. to 4:00 p.m. 15. No STORAGE of materials or equipment will be allowed near the edge of pavement, the u'aveled way, or within the shouidedine which would create a hazardous condition to the public. 16. This permit shall not be construed as authorization for excavation and grading on private property ADJACENT to the work or any other work for which a separate permit may be required, nor does it relieve the Permittee of any obligation to obtain any other permit required by law. 17. This permit does NOT RELEASE the Permittee from any liabilities contained in other agreements or contracts with the City and any other public agency. · E 18. This permit is NOT TRANSFERRABL . Work must be performed by the Pcrmiuee or his designated agent or conuactor as specified thereon. 19. CALL BACK (call out) due to emergencies regarding this permit, shall be at thc cunent overtime rate with a three (3) hour minim~n charge per oc~:urrenge. 20. Pursuant to Chapter 14.02 of the Campbell Municipal Code, applicant shall not cause to be discharged any material into the municipal storm drain sys:em other than storm water. Applicant shall adhere to the BEST MANAGEMENT PRACTICES established by the S, anta Clara Valley Nonpoim Source Pollution Control Program. Applicant shah be responsible for ensuring that ail those providing services under the applicant are aware of ~ understand all of the above conditions. Applicant Date ' j:\forms\pwperm2 6/96 II1 II1 II1 LEGACY PARTNERS Property Management ~larketing Services Corporate Services Acquisitions & Development Design Services August 22, 2000 Construction ~lanagement Financial Serwce$ Mr. Harold Housley, P.E. City of Campbell 70 North First Street Campbell, CA 95008 Dear Harold: Pursuant to Civil Sheets 1-7 dated 6/9/00 addendum #1 Legacy Parmers agrees to install all fossil filters by 12/31/00. If Legacy Parmers fails to install the filters the City of Campbell is authorized to hold our emergency cash deposit and plan check and inspection deposit until said work is completed per city standards. Please feel free to contact us should you have any questions. Sincerel~~ Steven Haver Development Coordinator Legacy Partners 4000 E. Third Avenue, Suite 600, Foster City, California 94404-4810 'E 650 571 2200 www. tegacypartners.com LEGACY PARTNERS Steven Hayer Development Coordinator 650,235.2841 shaver@legacypartners.com Legacy Partners Commercial, Inc. 4000 E.Third Avenue, Suite 600 Foster City, CA 94404-4810 Fax: 650,573.8624 www. legacypar tners.com To: Finance Director Check Payable To: Address - Line 1: Line 2: City: Description: Account Number: Account Number: Account Number: (Finance Dept only) Total Payable: Purpose: Refundable Deposit Check Re(luest LEGACY RECP II HACIENDA OPCO, 4000 E. Third Avenue,Suite 600 Foster City Refundable Deposit 101.2203 101.540.7448 Interest Enrned State: CA Zip: 94404-4810 Amount: $8,000.00 Amount: Amount: (Finance Dept only) (Exact Amount) Verification received that monuments have been set. Refund monumentation security deposit. Voucher #: Receipt #: Approved by: J- Lynn Penb-'y~e~- J Ti e: Finance Dept Only: Verified by: Title: Approved by: Title: Permit #: 2000-00072 Date: 8/21/00 Land Dev. Eng. Date: Land Dev. Mgr. Date: Accounting Clerk II Date: Accountant Date: 8/6/02 8/6/02 Special Instructions For Handling Check, Mail As Is: Return To: Mall in Attached Envelope:__ Interim Check: Needed By: (Department) Other: h:~erits~O00-O0072 200 hacienda monumnt refund(mp) To: Finance Director Check Payable To: Address - Line 1: Line 2: City: Description: Account Number: Account Number: Account Number: (Finance Dept only) Total Payable: Purpose: Refundable beposit Check Request LEGACY-RECP II HACIENDA OPCO, 4000 E. Third Avenue, Suite 600 Foster City State: CA Refund Plan Check Deposit, ConstructionCash Deposit 101.2203 Amount: $10,602.28 Amount: 101 °540.7448 Amount: Interest Earaed (Fimmce Dept only) (Exact Amount) Project complete. Refund $3,004 plan check deposit and $7,608 construction cash deposit, less $9.72 in back char~les ($7,598.28). Voucher #: Permit #: 2000-00072 Receipt #: 133195 and 133197 Date: 8/21/00 Requested by: Alan Hem _~ '~,.~Title: Sr. PW Inspector Date: Approved by: Michelle Ouinne¥ Title: City En~lineer Date: Finance Dept Only: Verified by: Title: Accountin~l Clerk II Date: Approved by: Title: Accountant Date: Zip: 94404-4810 3/27/02 3/27/02 ,Special Instructions For Handling Check Mail As Is: X Mail in Attached Envelope: __ Interim Check: Needed By: Return To: Other: h:permit s/2000-72refu nd 200-254hacienda(rap) (Name) (Department) PUBLIC WORKS DEPARTIVIENT RECEIPT Effective August 1, 2000 TO: City Clerk PUBLIC WORKS FILE NO. · .......................................... w n PRoPE ADDRESS ~NCROAC~ENT 4722 Appli~tion f~ ~on. UtiliW E~r~hmem Permit {$245.~) Minor E~r~hment Pe~it < $5,~ I R-I First Permit (No F~) Sub~quent Permi~Yr ($I10) 2203 4722 4760 t 4760] ~.760 4722 4722 LAND DEVELOPMENT , Encroachment Permit Arterial/Collector Street Residential Sweet/Other Areas Plan Check Deposit - 2% of ENGR. EST. Faithful Performance Security (FPS) Labor and Materials Security Monumentation Security Labor and Material Security Plan Check & Inspection Fee (Non-Utility) Engr. Est.< $250,000 (12% of ENGR. EST.I Engr. Est. >$250~000 (Deposit 8% of ENGR. EST./$30,000 min.)*' (8%} Minimum Charge Per Location ($130) Conduits/Pipelines up to 500 Feet ($2.0O) Above 500 Linear Feet ($1.25) Manholes/Vaults/E~. ($115.00/ca) Pole Set/Removal ($115.0o/ea) Street Tree Planting/Removal ($115.00/tree) Actual Coot + 20% *' Utility > $100,000 ($115.00) Proiect No. ($1/Pg $12.50/Bk) Street Tree Planting/Removal Permit Proiect Plans & Specifications Standard Specifications & Derails Copies of Engineering Maps & Plans Aerial Plot 24' x 36' ($45) Aerial Print 8 I/2' x 11" Maps and Plans 24' x 36' Penalties: Failure to restore public improvements Penalties: Failure to ~.ui~;~ unsafe conditions ($355.oo) ($245.oo) ($500 min) 000% of ENGR.EST.) (100% of ENGR. EST.) (100% of ENGR.EST.) /4% of ENGR.EST.){$500 rain/S10,000 max) (100% of ENGR. EST.) ($5} ($100/Calendar Day} ($100/Calendar Day) ~ura Code Sec. l 1.34.010t 4722 47~2I 4722] 4722[ 4722] 4722/ 4722 4722/ 4721 Lot Line Adiustment Parcel Map (4 Lots or Less} Final Tract Map (5 or More Lots) Certificate of Compliance Certificate of Correction Notary Fee (per signature} Vacation of Public Streets & Easements Assessment Segregation or Reapportionment First Split Each Additional LOt Storm Drainage Area Fee Per Acre Parkland Dedication Fee (75%/25% Due Upon Cert. of Occupancy} ($1,170 + $25/Lot) ($1,510 + $25/Lot} ($545.oo) ($330.00) ($1o 0o} ($60o.0o) {$60o.0o) ($185.0o) {R-l, $2,000) (Multi-Res, $2,250) (All Other, $2,500) intersection Turn Counts (Two-Hour Count} Intersection Turn Counta/a.m. or p.m. peaks} Traffic Flow Map (Daily Traffic Volumes} Truck Permits No Parking Signs ($65.50) ($t36.50) ($29.50) 152,460.00) ($810.00) ($32.00/rnd trip) {$1/each or $25/100) TOTAL 4AME OF APPLICANT h:\forms\reeeipfformOO-OI.xls rev %17-00 (mp) r~ OF C~fSB~L, CA DESgP,!PTiO~, REF EPOSITS -101.27-05 ~OTAL TI~E: 1~.~'~' ru~r~ CHECK NO': ~OO!!? TENI)EREI): CHA,N~: $8,000.00 ( AA DUPLI~TE RECEIPT CITY OF CAHPBELL, CA RECU~ BY: JANH PAYOR: I c'G6PY-P~r~: TT pu..cr, zcT:B, T~ATE. AO/O'; 010001,,i,~ t)E_SCRiPT!ON A~DJNT Tn-*, 8UE: Ui~L CHECK PA!D: CHECK NO: 00001145 TEND5RE~: CHAN~: ~3,004.00 (3,004.00 CITY OF ~ "~' "' RECU~ BY: )ANH PAYOR: LEGACY-RECF' II TTW~I iE:&~".gK ~CCPDTDTT~ REF [£POS!iS -!0i.220~ $?,608.00 TOTAL CHECK PAlP CHECK NO: 0001146 TEN~5:E~: CHANGE_: $: ~7~608.00 $ CITY OF CA)PBELL, CA RECUD BY: JANH, PAVnp-· ~ ~A6Rv-p~ri:. TT /"~ / TODAY'S DATE: 08,,1. O0 ~Cilorcr, r~ATF, AOi'lt /AA ENGR & SUBDiV FILING F AMOUN: TOTAL DUE: CHECK PAlP $23,06%00 CHECK ND: 00001.147+1144 CHANGE: $,00 O: City Clerk PL WORKS DEPARTMENT RECEIPT Effective August 1, 1999 PUBLIC WORKS FILE NO. PROPERTY ADDRESS p ease co e. ct & rece ~t for the fo ow ng mort c~ . . ~!ii!~i~ii~!~i~ :::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i:::: i::::i:: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~::~i ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: ENCROACHMENT PERMIT Application Fee Non-Utility Encroachment Perrait ($236.25) Minor Encroachment Permit < $5~000 t$50.00} R-1 First Permit (No Fee) Subsequent PermidYr I$105} Utility Es~..,oachment Permit ($3~1.25) ($236.25) ($500min) (100% of ENGR.EST.) (100% of ENGR. EST.) Arterial/Collector Street Residential Streal/Otber Areas Plan Check Deposit - 2% of ENGR. EST, Faithful Performance Security (FPS) Labor and Materials Security Monumentation Security Labor and Material Security Plan Check & Inspection Fee INon-Utility) Engr. Est.< $250,000 (12% of ENGR. EST.) Engr. Est.>$250,O00 (Deposit 8% of ENGR. EST./$30,O00 min.)** Minimum Charge Per 1 ~a'ation Conduits/Pipelines up to 500 Feet Above 500 Linear Peet Manholes/Vau[ts/£tc. Pole Snt/Removal Su'eet Tree Planting/Removal Street Tree Planting/Removal Permit Standard Specifinations & Details Plans Aerial Plot 24' x { 100% of ENGR.EST.) (4% of ENGR.EST.)($500 miniS10,000 max) .. 000% of ENGR. EST.) ($126) ($I .75/ft) ($1.15/ft) ($1 IO.25/ea) {$110.25Ice) ($1 lO.25/trea) Actual Cost + 20% '* ($110.25) Proiect No. ($1/Pg $12.50/Bk) ($~2) (st5} ($ lO0/Calendar Day} {$ lO0/Calendar Day) Aerial Print 8 1/2' x 11' Plans 24" x 36' Penalties: Failure to restore public improvements Penalties: Failure to correct unsafe conditions ($577.50) ($1,125 + $25/Lot) ($1,450 + $2511-,o0 ($1o) ($577.50) (S577.50) (R-l, $2,ooo) ~Multi-Res, $2~250) (All Other, Lot Line Adjustment Parcel Map (4 Lots or Less) Final Tract Map (5 or More Lots) Certificate of Compliance Certificate of Cu, m~iion Vacation of Public Streets & Easements Assessment Segregation or Reapportionment First Split Each Additional Lot Storm Drainage Area Fee Per Acre ~Muni Cod~ Sec. 11.34.U10} Parkland Dedication Fee (75%~25% Due Upon Cert. of Occupancy} rRAFFi,~..K/8ir' Intersection Turn Counts (Two-Hour Count) ($63) Imersection Turn Counts (a.m. or p.m. peaks) ($131.25) 47281 Traffic Flow Map (Daily Traffic Volumes) ($28.35) 47281 Campbell Traffic Model (Full Scope Ass~ssmem) ($2~362.50) 4728] Campbell Traffic Model (Ro~h,c~i Scope As~',~ment} ($777) 4271[ Truck Permits ($36.75/trip) 4728{ No Parking Signs (SI/each or $25/I00) O'r tilth TOTAL :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 05/16100 ,nsec,co January 2, 2001 CITY OF CAMPBELL 70 NORTH FIRST SAN JOSE, CA 95008 Dear Obligee: The INSCO/DICO Group has received permission from the Insurance Departments in California and Iowa, respectively, to merge Developers Insurance Company (DICO) with and into Developers Surety and Indemnity Company (DSI). As of December 29,2000, DICO merged into DSI and all DICO bond(s) were automatically transferred into the name of DSI. Please accept this letter and the attached endorsement as legal notice of the merger. Enclosed is a list of all affected bonds. From this point on, the attached endorsement should serve as verification of the transfer of bonded liability from all in force DICO bonds to DSI. If this letter and endorsement are not sufficient vehicles of notification of the merger, you will need to contact our Service Department at 800-782-1546 to request further information. This combining of our two well-established affiliates will create a surety with more than $35 million of assets supporting its obligations. The merger will serve to strengthen our commitment to remaining a successful, service oriented surety company. Again, if you should require any further documentation regarding the merger, please contact our Service Department immediately. Very truly yours, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. · CA Lic. 0403172 17780 Fitch · Suite 200 · Irvine, CA 92614 ° (800) 782-1546 · (949) 263-3300 · Fax (949) 252-1955 · http://www. InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company · Indemnity Company of California ,nseC,co MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 lrvine, California 92614 No terms, conditions or benefits of your bond have changed. Ail servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. Secretary Insco Insurance Services, Inc.. CA Lic. 0403172 17780 Fitch · Suite 200 · Irvine, CA 92614 · (800) 782-1546 · (949) 263-3300 · Fax (949) 252-1955 · http://www, lnsco Dico .com Underwriting Manager for: Developers Surety and Indemnity Company · Indemnity Company of California Premium $1~902.00 ~o Year Term bject to Renewal ~e~i~er "C~actor ") md ._ Deve lopers I n~ur~nce u~er ~ laws of ~e S~m of Cai [ fornta _, ~d au~or~ ,o ~t ~ hws of ~e Sm~ of C~f, rnla, In ~c sum of ONE ~DR~ ~gTY ~OUSA~ ~O ~D~ ~ (3 1~.~,~ I for ~c payme~ of w~ch s~ we ob~ ~rsclvcs ~ ~ ~ss~ ~d jo~y md s~ly by 2e fol~wlng ~ovisio~: ~e condition of ~s ~H~tion Became ~e obliga~d Con. mr h~, on Conuacl wi~ ~ Cl~ f~ ~e ~o}~ a copy ~f which co~ct is a~hed ~ mdc a pan of ~is b~. ~r co~mc~on of AVENUE_ ~WCRQAC~ P~M~ ~C 2~7~. ~ con~ do~m~u during ~e ori~ ~m, ~ ~ ex~om of ~ co~ wMch may be ~y Mc~i~ ~d stay, h~s ~e Ci~ fr~ ~1 ~u ~d d~ag~ w~ it m~y ~ by re.on of ~l~e ~ ~ to, ~~ of all of Con~c~I's obhg~ ~ ~e a~c~ contr~ ~c, il~agon or adffi~on w ~ ~s of ~e Con~ or m ~e wor~ ~ bc ~o~ ~der cha~e, ~ion of ~ne. ~on or sd~on ~o ~ ~ of ~e Con~a~ oI to ~c w~k or Io ~ ~i~ ~ prov~iom of S~gon 2119 of te Ci~I C~c of ~c S~ of Califomi~ In wit~ss, ~ p~e ~ve e~d ~s ~ ~ of. , August 18 ($ur~tT) Developers Insurance Company Dan P. Wolf, Attorney-In-'Fact Address or,uteri: ],7780 F~tch. Suite 200 . - Irv.ine, CA 92614 (Attach Acknowledgement) (Both Principal's and Surev/'s Auorney in Fac0 h:\landdev'~200haciendafpbond(rnP), $ure~'s Bond Number 866055s (Accomp~y this bond NTh .~t~orney-in-~cl's muthori~ ftofn SureLy to execute the bond, certified to incl~te thc dmte oi' the bond.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~,.~ ~,~.~..~_ff _ ss. On _~(?~.r~, ~ r ~' I Z-~, before me, Date personally appeared ~ ~ ~'('-y - Name and Title of Officer (e.g., "Jane Doe, Notary Public'r) / ' Name(s) of Signer(s) ,~ersonally known to me -- proved to me on the basis of satisfactory evidence Commission # 1262759 Notc:i,'Y Public - California Los Angeles Court'S, Place Notary Seal Above to be the person(,~ whose name.~is/~ subscribed to the within instrument and acknowledged to me that he/,~q~/executed the same in h is/h~.,/4,b~ r authorized capacity(i~e), and that by his/her/the!" signature~) on the instrument the person(,~'), or the entity upon behalf of which the person(,~ acted, executed the instrument. WITN E,~m,y' han'd a~¢( o~cial,seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual Corporate Officer -- Title(s): Partner--~ Limited _% General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here 1997 National Notary Association · 9350 De Soto Ave., RO. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BOND NO. 866055S ,ND FOR LABOR AND MATEPJ~ Premium included in · - Performance Bond We, the undersigned I,,EGACY - RECP ~I HACLE~NDA OPCO. LLC. a Delaware iimited_liabjli_p/ c _/~panv (hereh~afler ~Pr~cipa]") and Developers Insurance Company ........ a corporation org~iunder laws of the State of Ca 1 i f o r n ia , and aufilonz~ to transact business m title state of C~iforr~a, ~ Surety, ~re O'bl~ated ~c city of Campbel! (hereinafter "City'), a municipal corporation und~ th~ law~ of ~e State of California, in the sum!:of HUNDREP NIN£TY THOUSAND TWO HUNDRED DOLLARS ($ 1~0.20~0,00 ) for the payment of which, rom we obli§ate ourselves ~nd our successor~ and assigns, Joi~y Nd ~vm'ally by the following; provi~ior~: 'Ihe condition of this obligation is that ~c Principal en~eretl, or is a0out to ~ntcr, into a certain wri~n Contra~ wi~h the City dated .20 , a true and correct copy of which is presently on file ia the office of the City Clerk .~f the City of Campbell, which said Contract is hereby referred to and made a part h~eof. The. contract is entitled: PI..N 2000-25. PLN ~000-26.200-~4 B. HACIF.,NDAAVIh'qUF./131~-I~7 DBLL AVENUE. BNCRO^CHMBNTPI~RMIT £NC Because Principal is required to furnish a bond in com~ection with ~e comrac~, providing filat if Principal, trgI z-,O' of its subcontractors, shall fail to pay for a~y materials, or ou~r supplie-~, or for any work or labor on file comrac~ed work of any kind, or for amount~ due under ~ unemployment imuraace act with re,peet ~o any work or labor on ~ project, the Surety oh ~ bond will pay for file debt, in ~n amount not exceeding the sum specified in thi~ bond, and also, in c.,ue mit is brought upan the: bond, reasonable attorney's fee to be fixed by thc court. Now, ~c~fore, we, DEGACY -_RBCP II HACIENDA OPCO, LINC_ a DeJaware )imi~ed liability com'_oany _, Prin~pal, AND Developers Insurance Company , az Surety, are obligate! to the City of Campbell, in fl~e sum of QNE I-IUNDP~ NIN~.TY THOUSAND TWO HUNDRED DOLLAR~ ($.~ lawful money of the U~ted Scarce,. for ~e payment of which sums will and ~mly to be made, we the said Principal anti Sur~v] bind ourselves, successors and jointly and several]y, by these provi~iom. T~e condition of this obligation i~ that if Principal, i~ ~uccessors or assigns, or iis subcontractor, or ~bcontr~tors, shall fail m pay for any labor, matc'rials, or other ~u~lies, used in the performance of the work contracted to b~ done, or ~br amounts due uatier the unemployment insurance act with respect to thi~ work or labor, then the Surety on this bond will pay for them, in an ,'~ount not exceeding the ~ spt'tiffed ia this bond, and in c~e ~uit is brought upon this bond will also pay a remonabl~ attorney'~ fee, ~o be fixed by ~he court. No prepayment or delay in payment and no clmlges, cxtemions, addition or alteration of any provision of said Eontract or in any plato and specificatiom referred to herein, ~d no forbear~nc~ on the part of the City shall operat0 to release the Surety from liability on this bond, a~d con~cnt to make such alteratiora without further notice to or coment by ~e Surety is hereby' given, and thc Surety hereby waives the provisions of Section 2819 of the Civil Cede of file State of Califorrfia. . In wimess, the p~rtie~ have executed this agreemex~t as of Au gu s t 18 ,20 0 0 .. LEGACY - RECP II HACIENDA OPCO, LLC, fa Delaware limited liability company (Principal) ($ure~) ~Deve lo~e r ~ ~in~urance Company --Dan P. Wolf~ Att'orney-In-Fact Ad~re$$ofSurcp]:177o0. Fitch, Suite~2.'00. Ir. rlne, CA 92614 " (A~mch ^c~now~edgmen~) (Both Princip~'~ a~d $~rety's Bond Number_8 6 6 0 5 5 S Surcty'~ Al~o~ey in Fac~) (Acr~omp~ny ~hi~ bond with a~orncy-im-fact'$ ~ i' l-~:\landdev\2001mcienda]~-mbond(mP) authority frown Surety to execute the bond, , . ~ cemified ~o i~cl~d~ the dam of the bond.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'~ .~2.[~_ ~' _~ ss. On....<~.z~__i1'k?, ,/~/,// .... bate /'~/- ~Z:~?~efore me, ~, ~y/N%/~.~'~ T~ 2~,~tf..~"J<~' /~¢'~¢C/ ~ -- ' . ti ' ( .g., "J e Doe, t(Iot;~ry Public") personally appeared ff_~r¢,[ fi~..~ ~ · Name(s) of Signer(s) ~(,,l~e rsonally to me known _~ ~)roved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person~s,), whose name~) is/a,r.e. subscribed to the within instrument and acknowledged to me that he/~y executed the same in h i sAWew~h~-,~ authorized capacity(ie,~)'7, and that by his/~ signature(.,,s,) on the instrument the person(~, or the entity upon behalf of which the person,(~ acted, executed the instrument. WITNESS rsy h~:3~ and/effic, c.c~l seal. ~,,,/~ L..-- ,~./~l,.../,~ignature of Notary Pu~ic ~ OPTIONAL Though the information below is not required by law. /t may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual Corporate Officer -- Title(s): Partner- _- Limited _~ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here 1997 National Notary Association · 9350 De Solo Ave., P.O. Box 2402 · Chatswor~h, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On August 18, 2000 , before me, PERSONALLY APPEARED Dan P. Wolf Priscilla Smith 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 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. WITNESS my hand and official seal. PRISCILLA SMITH COMM. ~2,~0097 NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUN~ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER HTLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF A'rrACHED DOCUMENT Performance & Payment Bond #866055S TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES Auqust 18, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF P~RSO~(S) OR ENTITY(lES) Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE 1D-081 Rev. 6/g4 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF I' EMNITY COMPANY OF CALIFOR' \ ANu DEVELOPERS INSURANCE COMPANY P.O. BOX lg725, ,RVINE, CA g2623' (94g)263-3300 N-° 0 3 7 8 9 1 NOTICE: 1. All power and authority.herein granted shall in any event terminate on the 31 st day of March, 2002. 2. This Power of Attorney iS void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severmlv. but not jointly, hereby make, consbtute and appoint "~MATT DRUMRIGHT, MICHAEL J. BROWN, DAN P. WOLF, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretysh~o ~n an amount not exceeding Ten Million Dollars ($10,000,000) in any single undertaking; giwng and granting unto said Attorney(s)-In-Fact full power and authonty to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of Septembe¢' 24. 1986: RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporations {De. and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonos, undertakings and contracts of suretyship; and that the Secretar'/ or any Assistant Secretary of the corporabons be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking 3r :ontract of suretyship to which it is attached. ~N WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretanes this 22nd day of December, 1998. iNDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Dan~l/PresidentF. Vincenth Jr. ~ Dante I~incenti, Jr. Walter Crewell Walter Crowell Secreta~ Secreta~ ~TATE OF CALIFORNIA ) ) SS. 3OUNTY OF ORANGE ) On December 22, 1998, before me, C. Hotliste6 personally appeared Dante F. Vincenti. Jr. and Walter Crowell, personally known to me (or proved to me on the bas~s ~-t ;at~sfactory evidence) to be the person(s) whose name(s) is/are subscnbed to the w~thin instrument and acknowledged to me that he/she/they executed the same in his/her/thetr authorized ;at:)ac~ty(ies), and that by his/her/their s~gnature(s) on the instrument the person(s, or the entity upon behalf of which the person(s) acted, executed the instrument. ~ignature WITNESS r,?y hand and official seal. CERTIFICATE CO~M. # 1192615 Notary Public - California ORANGE COUNTY The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby ;ertify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boarcs 3f Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 18 th day of August , 2000 INDEMNITY COMPANY OF CALIFORNIA William T Sherer Senior Vice President ;D-314 REV (12/98) DEVELOPERS INSURANCE COMPANY Wdham T Sherer Senior Vice President INSURANCE REQUIREMENTS CHECKLIST j/~.)..~ _. . ,,.,xx ~.,.*.j,.,*.,t n- ine rouowln= ~nsurance ~requir~'d 'of all contractors working in the'City of Campbell public ' right-of-way. Insurance certificates must be accepted by City. staff before work can begin. These insurance requirements apply to work being performed under an Encroachment Permit and work being pertbrmed under contract tbr Capital Improvement Projects. Limits Commercial General Liability tbr bodily, personal injury, and property damage: $1,000.000 per occurrence, and -n $l,000,000 general aggregate limit applying separately to the project, or $2,000,000 general aggregate limit. Policy expiration date i J /I /O I Automotive Liability: ~ "Anv Auto" checked on certificate ~ $l,000,000 per accident for bodily inju~ and property, damage )ii. Policy' expiration date I i/r ! 0 t Workers' Compensation and Employer's Liability ~ Waiver of Subrogation clause '~$1,000,000 per accident for bodily injury or disease Policv expiration date I I J I fo I Course of Construction (if required in Special Provisions) a Completed value of the project a Policy expiration date Required Endorsements to General Liability and Automobile Liability Policies Additional Insured Endorsement '~The City, the City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insured. ')~ The insurance coverage afforded to the Additional Insured is primary, insurance. ~i' Cancellation area of certificate edited to delete "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its . aoents or representatives" ' ' ,,. qxLxT~.. ., .,/.-4 -1 ' ,.: ~ ' = VVorkers Compensation Insurance Sheet Submitted ( ..,~ c.~ ~x (o - ~'}-: .~'~ ~ Pot ~eneraL t_ontractor '"- .k~- ,x ,>. / Ih,, ,'~ a For Developer or Owner .~,FO(3 q_~ ~'w~-~'x-(' · k "' 9 Acceptabilitv of Insurer(s) 0 7 o'. O'~' ,.~ ,~x'('e-.a.g~ ~-3 ~/" Insurer(s) has current A.M. Best Rating of A:V[[ a~d is authorized to transact business in the State of California./...~(' ) . ~'>~ ~t~,~l O\ Insurance Certificate Review .¢._i~i.-/ ..-.. O. ; Initials Date ;~ Copy Ce~ti~Scate placed in tickler file for month of expiration. of Insurance j:\forms\inscklst (rev 11/99) Sent By: LYONS INSURANCE SERVICES; 3-1~-201 1:03Plvl 4154821140; Mar-14-01 16:01; IEX.L PL~IC WK$ 4~B 37~8 Page 1/2 [FAX TO: P,O. Box 2400 San RafaeL CA 94912-2400 P~tont {41§) 1156.7400 Phone (415) 482-1140 3/14/200.t CC: FROM: Joann~ D'Ambrosia City of Campbell 70 North First Street Campbell, CA 95008 Phone Fax Phone (408)866-2701 (408)376-0958 [] Plzase Comment W~ rece/ved the edited insuran~ c~Oficate from you la~e yesterday for Rossi Builders. After t~view 1 find that I need To ask for just xwo small iw. ms to bc added to thc ccrt/fica~ which I didn't catch on the first subngtlal, Plcasc rcfcrcnc~ both thc "Work Address" and thc "Encroachmont Permit No.", as shown above, on thc fac~ of the certificate. Thanks for all your hclp in d~is matter. Sent By: LYONS INSURANCE SERVICES; 4154821140; Uar-14-01 16:01; Page 2/2 ~::z~-.:,-;:;:':::¢'~'',-;:;~:¢:''':;:;::;::':'~ ......... ;'::': ' ....... IHI~ ~gnnrp~A~2~::'A,~ ..~ f~ Cf~I~TE ~N ONLY AND GO~ N~ n,~,~ -- ........ ~,o~z~, ~oc. ~.~- H~DER, ~ Cem~l~ ~ES NOT MEND. ~ND OR ' ALTER ~E COV~A~E ~Ofl~D ~ T~ p~CIES BEL~- ~, ~ ~ COMPANIES AFFORDING COVE~GE S~N ~0~ ~ g4070- C~P~ Hu4ro~ ~,*~&~ing, ~u~c 102o ~an Frapc~eco CA 9~10~- ~M~Y ~ IS TO CE~I~ ~T THE ~LICI~ ~ I~U~E LISTED BE~ ~VE ~EN ISSUED TO ~E IN~RED ~ED A~VE FOR THE POLICY ~DI~T~, ~1] HSTANOIN~ A~ REQUI~MENT. ~RM OR C~DI?I~ OF ANY CONTACT OR O~ER ~UMENT WITH R~PECT TO WHICH CE~I~ ~Y ~ ~UED OR MAY PE~NN. ~E INSu~NCE AFFORD ~Y ~E POLICIES D~BED HEREIN IS SU~ECT TO ~ ~E TERMS, ~CLUSlONS AND CONDIT~NS OF S~H POL~IES. ~ SH~N ~Y HAVE B~N ~DUCED ~ PAiD ~M~. .-- ~E ~y ~,e nm} I ~0.000 .... ~p{~~) S 4,000 x ~A~O ~p 67~6~-oo 11/Ol/OO t L/OI/O~ --- ~Ly I~l[l~ ~ ~ ~ ~r ~) ~H~ ~ T~ -- ~H~T O ~F~ XKK-OO¢-Y6~I-22%Z 11/01/oo 11/o~/0~ ~RE~TE S4,000. OOO ~~ ~~TA~ ~,~ ~~ ~ ~ .-. :,~.~ ~' USI~ WC1- BO5-1960 12/01/00 12/01/01 E~2~ S 1. 000, OO0 ~ ~P~ ~ ~L 0~' ~Y LIM~ e~E~ ~NE ~ ~E- ~ EM~ ~ / / / / ALI ~rk ia public right ot way oily of Ca~ll c)t.y Ot Caepbell rcdevlopment ~ency i~ ~Y OF ~ ~ ~ ~ ~ ~ ~HE ~E~ OF P~LIU ~ ?O ~R'r~ FI~T C~'B~ ~ 95000 FAX TO: Phone Fax Phone Patrick Lyons Lyons Insurance Services P.O. Box 2400 San Rafael, CA 94912-2400 (415) 956-7400 (415) 482-1140 CC: I Date 3/14/2001 I Number of pages including cover sheet FROM: doanne D'Ambrosia City of Campbell 70 North First Street Campbell, CA 95008 Phone Fax Phone (408)866-2701 (408)376-0958 REMARKS: [] Urgent [] For your review [] Reply ASAP Re: Insured: Rossi Buuilders Work Address: 200-254 E. Hacienda Avenue/1315-1357 Dell Avenue Encroachment Permit No: ENC2000-00072 [] Please Comment We received the edited insurance certificate from you late yesterday for Rossi Builders. After review I find that I need to ask for just two small items to be added to the certificate which I didn't catch on the first submittal. Please reference both the "Work Address" and the "Encroachment Permit No.", as shown above, on the face of the certificate. Thanks for all your help in this matter. Sent By: LYONS INSURANCE SERVICES; 4154821140; May-13-01 17:21; Page 1 Lyons Insurance Services ~.0. Box 2400 S,xn RafJe'l, CM, 94912-2400 F~: 41~ 4~2-[ t40 wi'Ih PlA Fax To: JOANNE D'AMBROSI/~ From: ?at Lyom 408 376 0958 Date: March 13, 2001 I'ag~: 4 Re: ROSSI BUILDERS ROSSI BUILDERS 0 Urgent 1-1 For Rtvu,'w [] Pl~a~ Cummcnt ~ Please Reply [] Iqen.~ Recycle IOANNF: TRA~ YOU ,SO MUCII FOR YOUR CO-C)PERATIt, JN TIII5 MORNING Rig fdARDINO OUR CI.Br~IT ROSSI itUILDERS. FOLLOWING tS CI IANGED CERT1YICA'I'~S PER YOt)R TN~.~RUCTIONS OF I-'AX LAST PM TO RO~;SI BUILDERS ANY QUEISTIONS OR FIJTHER RF-QUIRE34EN'I~ PLEASE CALL THANK YOU PATRICK P LYONS Sent By: LYONS INSURANCE SERVICES; 4154821140; Mar-13-01 17:22; Page 2 ~'~' ~:~::i~ FI:' -~ '"'::: ' ....... ~' ~;:~:.: ~:~; ............................ :' :~' ' ~:' ~ THI~ C~IFICA~ ~ ~ ~ A ~R OF' ~R~T~N P~o~u.~z~s. ~;~., inc. ~LY AND O~FE~ NO RIG~ U~N THE CE~IFI~ H~E~ ~18 CE~F~ATE ~E~ NOT ~END, ~ND OR ~.o. ~x ~2;~ AL~H T~ CO~QE ~FOR~D BY THE ~L~IES BELOW. ~o~ [~s. _ COMP~IE~ AFFORDIN~ CO~GE ~MP~Y Sin ~/nc~sco CA 941G.~- ~p~ HI8 ~ TO ~ T~T ~E ~IES OF INS~CE LISTED BE~ HAVE B~N I~ED ~ THE INS~D ~MED ~VE FOR THE ~ PE~OD INDICTS, ~IT~ANDI~ A~ RE~I~NT, TERM ~ ~ND~N OF AW CON.CT OR OTHER ~ME~ WI~ ~SPECT TO WHICH THIS C~FI~ MAY ~ ~U~ ~ MAY P~AI~ THE INSU~NCE ~F~DEO ~ THE ~IES ~R~D HEREIN ~ 6U~ECT TO ALL ~ ~CLUSI~ ~0 ~D~S ~ ~CH ~LICIEg. U~ 6H~ MAY HAVE .BEEN REDUCED BY ~AID C~IM6. ~&~l~ M~P ~ ~t) S 4,000 X ~ ~P G'/2G~- oo 11/OltO0 11/01/Ol ~NED ~E ~T ~ 2.OOO.O00 , ~Y JNJU~ ~ULED ~ ~w ~) HI~ AU~ ~ ~f~ (~ ~ S ~ t ~mtt~ A~ TO ONLY :~ ~OeN~ S ~YAU~ / / / / 01~ I~ ~TOONLY~ .-. C ~U~ ~~ t ~,ooo. ooo U~[~ XER-0Q0-~SlL-2343 11/01/00 11/01/01 ~REGATE .. . S 4. 000,000 0~~~ .~~C~ ~E- ~ UMT / / / / Sent By: LYONS INSURANCE SERVICES; 4154821140; Mar-13-01 17:23; Page 3/4 ~ '3; .a ........ ';',.' ..... , i r~-~_~ mu~~ e~ ooz~o3~ .t W~Om,qN~ .qq~Upl~--~ _. ,as), Sent By: LYONS INSURANCE SERVICES; 4154821140; Mar-13-01 17:23; Page 4/4 (~ 00,1/003 · eaerM Liability Page 110 pOliCy FORM6 & ENDORSI~IENT~ MM'r~ Manu~l Commerehl Ri.k~ (b) Prol~ty in the cam. eustedy. of the .cldl~n.l incubi(s) or wh~ me ~lei~on41 tn~,,~d(s) gny puq0Qse exe~bing physical con., ~ol; er (Ct) Ah¥ work. intruding met~rieLs, ~,lrl~ er · qu;pment fum~h~ in con--on with tuch ~ w~ b ~d~eO ~r the odd~onll i~u~(s) ~ y~. I~e~ °f 2 ~ht. Imuran~ Sewic~ _Offic4. Inc.. 1119Z (~(J 20 09 10 g3 FAX TO: Phone Fax Phone Craig Rossi Rossi Builders 5 Third Street Suite 1020 San Francisco, CA 94103 (415) 982-6292 (415) 777-1505 CC: I Date 3/12/2001 Number of pages including cover sheet FROM: Joanne D'Ambrosia City of Campbell 70 North First Street Campbell, CA 95008 Phone Fax Phone (408)866-2701 (408)376-0958 REMARKS: [] Urgent [] For your review [] Reply ASAP Re: Insured: Rossi Buuilders Property Address: 200-254 E. Hacienda Avenue/1315-1357 Dell Avenue Encroachment Permit No: ENC2000-00072 [] Please Comment We recently received a copy of the insurance certificate for Rossi Builders and have reviewed it for conformance with our insurance requirements. After review, we find that the following items need to be changed to meet our requirements: 1. We require a Waiver of Subrogation clause in connection with the Workers' Compopensation coverage. 2. The certificate or endorsement needs to state that the insurance coverage afforded to the Additional Insured(s) is primary insurance. 3. The cancellation area of the certificate needs to be edited to delete "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". A ten (10) day notice is required for cancellation due to non-payment of premium. 4. We require all insurance to be issued by an issuer with a current A.M. Best Rating of at least A:VII. Legion Insurance Company has a rating of only A-:IX. A copy of your certificate follows as well as copies of the applicable sections of our insurance requirements for your reference. You may have your insurance carrier fax the corrected certificate to us for approval before they have their main office issue the new certificate Please feel free to call me if you have any questions. 0~/12/01 Sent By: LYONS ROSSI BUILDERS ~ 488 3?60958 $ERVIC~c 4154821140; NO. 945 Page I ~ IJ,14S'LI fY / / / / / / $ I. OgO, ~ i. o_.,o. $ 50,000 4.OOfl 4.OOO,O00 $ $ nco 03×12/01 14:83 ROSSI BUILDERS a 408 3760958 .,c,,. o:X. ~,w,'~ ~,m~U~,N{jl- SERVICES; 4154821140; NO. 945 D03 AOOmoN~ ~mun. o. OWNE~ ~ ar ~jxi~x~i i~:~J ROSSI BUILDERS a 488 3760958 ~3/12/~X MO~ lO:O? FA~ 415 44~ I~ IfESTERK .~CI.~ITY N0.945 D04 Page 3/3 ~003/003 11o Mm'f~ M,m~M fbi 03/12/01 14:0~ ROSS! BUILDERS ~ ~OB 376095B TUF. HE,~m'r BC~]I,D~C S ~ STm~FF S~T~. 10Z0 SAN i~f~ClSCO, C~J,IrORNt~ ~tlO~) ROSS BUILDERS N0.945 QO1 'i~P.ONE: 415-982-6292 FACS~S~I.LE: 41~-777-1505 FAX TRANSMITTAL DATE: TO: TELEPHONE: March 12, 2001 City of Campbell Chuck Gomez FAX #: 408-376-0958 FROM: Craig Rossi REGARDING: Insurance Certificate Pages: 3 DESCRIPTION/COMMENTS: 05×12×01 14:05 ROSSI BUILDERS a 408 5?60958 Se.~t_ .BY: . LYONS INSUR&NCE SERVIC 41548~1140; N0.945 Q02 Page 1 / / / / I 4, o00. 54., OO0. $ L. OOO, naQ I / / / 05×12×01 14:83 ROSSI BUILDERS a 408 3?60958 N0.945 P03 ~c,,. oy. L,v.~ ~-=U.GNCb SERVICF*- 4154821140; M8~.17 i 12:19; Page 2/3 ... ,,,,i ....... , ,'.. t'QLCYNUmiBm~ ,~ oox~o~ ADDfl'IONAL ~. OWNEI~I8, ~ sir mmm~' W ~ 03/12/01 14:03 ROSSI BUILDERS a 408 3?60958 · .............. ~ ~cnv~r~ 4154821140; 03/1~/0110~ 10:07 FA~ ~&$ ~ ~ I~STER~ ~C~ITY - NO C& N0.945 Q04 Page 313 I~loo3/oo: 11o POLICY FORMS · tqlOOJ~MENT$ Mm'flit Bbnu~ Co,muere~ nab aq~J~mOn: fumJ~l~d J~ COflm:i:I~MI _Office. ,~.. ~ I CG lO 09 '~0 93 o ©~ · CAd~~ CITY OF CAMPBELL Public ~,Y/orks Department CAMPBELL July 11, 2003 Steve Haver Legacy Partners 4000 E. Third Avenue #600 Foster City, CA 94404-4810 SUBJECT: PERMIT NO. 2000-00072 LOCATION: 200-254 E. Hacienda/1315-1357 Dell Ave. ONE YEAR MAINTENANCE INSPECTION - ACCEPTANCE Dear Mr. Haver: 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. Please find attached your original Faithful Performance and Labor and Materialk Bonds which we are returning to you. Sinc~~ Alan Hom Senior Public Works Inspector cc: Permit 2000-00072 Public Works/Maintenance Division H:\permits\2000-00072int accept(mp) 70 North First Street . Campbell, California 95008-1436 · TEL. 408.866.2150 - VAX 408.376.0958 · '~I)D 408.866.2790 Alan Hom Public Works Inspector City of Campbell 70 North First Street Campbell, CA 95008 Phone: (408) 866-2168 Fax: (408) 376-0958 Fflx To: Steve Haver From: Alan Hom Fax: 650 -378 - 1644 Pages (including cover sheet): 2 Re: Dell/Hacienda Punchlist Date: October 4, 2001 [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comments: Attached is the preliminary punchlist for 200-254 E Hacienda/1315-1357 Dell. Be advised that there will be additional punchlist items will be forthcoming. Alan Hom Senior Public Works Inspector H:\FAX~dell-hacienda punlst. DOC 0 0 PRELIMINARY PUNCHLIST ENC 2000-00072 HACIENDA & DELL October 4, 2001 1. Submit "Record Drawings" - one set of vellums and 2 blueline. Must be stamped and signed by engineer of record. 2. Storm drain manhole at Sta. 11+84: cut back 12" RCP in the manhole flush with the side of the manhole and dress walls. 3. Storm drain manhole at Sta. 11+84: Remove broken ladder rung and plug hole with non shrinking grout. 4. Storm drain manhole at Sta. 11+84: Clean out floor and flush line. Intercept debris from downstream manhole. Do not let debris flow out of storm drain system. 5. Catch basin at Sta. 11+45: clean out debris and flush line. Intercept debris from downstream manhole. Do not let debris flow out of storm drain system. 6. Sta. 11+45 storm drain pavement patch has sunk. Remove existing AC down 2" minimum and repave flush to existing street grade. 7. All street trees: remove mulch from around the crown of the root to prevent fungus. 8. All street trees: install l"x 4" rough redwood cross brace across tree stakes. 9. Electrical punchlist to come. Prepared by: H:\Dell-Hacienda punlst.doc CITY or CAMPBELL Public Works Department CAMPBELL August 19, 2002 Mr. Steve Haver Legacy Partners 4000 E. Third Avenue, #600 Foster City, CA 94404-4810 Re: 200-254 Hacienda Avenue EP 00-072, Parcel Map 833-32/33 Monumentation Cash Security Refund Enclosed is your check in the amount of $8,583.44 representing a refund of your monumentation security, plus interest earned, in connection with the above property. Sincerely, / Joanne M. D'Ambrosia Senior Office Assistant Enclosure cc: LD File/200-254 Hacienda Ave. EP File/ENC 1001-00071 Ted L. Wilson, Kier & Wright, 3350 Scott Blvd, Bldg. 22, Santa Clara, CA 95054 j :~landdevX200254hacienda 70 North First Street . Campbell, California 95OO8-1436 - TEl. 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 0 0 0 0 0 0 ,--4 m o _o 0 z ;.nO COO .~0 zrn ~z ~0 ~o KIER Civil Engineers WRIGHT Surveyors, Inc, May l, 2002 Project #80135-6 City of Campbell I. Harold Housley, P.E. Public Works Department 70 North First Street Campbell, CA 95008-1423 RE: 200-254 Hacienda Avenue EP 00-072, Parcel Map (733 M 2&3) RECEIVED MAY 0 I ~00~ PUBLic WORKs_ Dear Harold, This letter is being written to inform you of the fact that the street monuments and property corners shown on the above referenced Parcel Map have been set. Therefore, we are requesting that refund of the security deposit be released to appropriate parties. Please contact me at (408) 727-6665 if you have any questions or concerns. Sincerely, KIER & WRIGHT Jin~y0R. Vigil, L.S.~256 F:\PROJECTS\80135-6\request for security deposit refund from city of campbell.doc 3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 · (408) 727-6665 · FAX (408) 727-5641 CITY OF CAMPBELL Public Works Department April 02, 2002 Mr. Steve Hayer Legacy Partners 4000 E. Third Ave., # 600 Re: 200-254 Hacienda Ave. EP 00-072,Parcel Map 733 32/33 Monumentation Cash Security Dear Mr. Haver: According to the City records apparently the survey monumems as described in the attached letter to you dated February 22, 2002, have not been set. The City is still retaining the monumentation security in the amount of $8,000.00 It is important that the security be released to the appropriate party. Therefore, if the City does not receive notification by May 02, 2002, that the work has been completed the following actions will be taken: 1. The City will retain the services of a surveyor to perform the work. 2. If the security being retained by the City is not sufficient, you will be responsible for the additional amoum required. Please contact me at (408) 866-2158 if you have any questions. Sincev ~// / I. Ht~ ~ld Housley, P.E Land Development Engineer cc: LD File/200-254 Hacienda Ave. EP File/00-072 Inspector; Alan Horn City Engineer, Michelle Quinney Ted L. Wilson, Kier & Wright, 3350 Scott Blvd., Bldg. 22, Santa Clara, CA 95054 70 North First Street - Campbell, California 95008-1423 · TEL 408.866.2150 · F~XX 408.376.0958 · r'Dl2 408.866.2790 March 27, 2002 C CITY OF CAMPBELL Public 'O6'orks Department Legacy - RECP II Hacienda OPCO, LLC 4000 East Third Avenue, Suite 600 Foster City, CA 94404-4810 Attn: Scott Swenson Subject: Permit No. ENC 2000-00072 Location: 200-254 Hacienda Final Inspection and Acceptance Dear Mr. Swenson: The City of Campbell has made a final inspection of subject Public Works improvements and finds the work to be acceptable and in conformance with City standards. Accordingly, the City Engineer accepts the improvements. The one year maintenance period stated in the permit begins as of the date of this acceptance letter. The permittee is responsible for the repair and/or replacement of any defective work or failures that occur within one year. The City will inspect the improvements within one year and notify you, in writing, whether or not any repairs are required. Your Construction Cash Deposit of $8,000. plus any interest due, is now being processed and will be sent to you under separate cover. Please note the amount will reflect deduction of actual City costs plus 20% administrative overhead. At .,,'our request, the Faithful Performance Bond will be kept until receipt of the Maintenance Bond in the amount of $47.550.00. If you have any questions, please call me at (408)866-2168. Sincerely,//~'f'i. Alan Hom Senior Public Works Inspector Cc: Suspense - 11 months Permit 2000-00072 Inspector File Developers Insurance Company. 17780 Fitch. Suite 200. Irvine. CA 92614 -. %. r:' r':r5t ~[rvc'- i.'.:ml-,}>cil ( i i[,~rnla ~'%,Ii,-;4'2-; iii 408 ~ot~ 2150 :x, 4()tf ]7,5 t}c*sq !I)1) 408.5t~0 2790 5750 ALMADEN EXPWY SAN JOSE, CA 95118-3686 TELEPHONE (408) 26.5-2600 FACIMILE (408) 266-0271 www.scvwd.dst.ca.us March 26, 2001 Mr. Scott Swenson Legacy Partners Commercial, Inc. 4000 East Third Avenue, Suite 600 Foster City, CA 94404-4810 CF'v 01: CAMPBELL V LANNING DEPT. Dear Mr. Swenson: Subject: Road Improvements on Hacienda Avenue and Dell Avenue for Hacienda Business Park; PLN 2000-25 and PLN 2000-26 Santa Clara Valley Water District (District) staff reviewed the plans for the subject project, received on March 19, 2001. The project includes the removal, restoration, and conformation of asphalt concrete (AC) pavement for street, sidewalk, and curb on Hacienda and Dell Avenues. Per discussion in a meeting on March 19, 2001 at the District, you stated that Phase I of the subject project is for work on Hacienda Avenue and Phase II is for work on Dell Avenue. Phase I of the subject project at Hacienda Avenue is more than 50 feet from a District facility and District right of way. Therefore, in accordance with District Ordinance 83-2, a District permit is not required for Phase I. Phase II of the subject project at Dell Avenue crosses over and is adjacent to a District facility, Upper Page Distribution System, and District easement. Therefore, in accordance with District Ordinance 83-2, a permit is required for Phase II. The following are comments regarding the plans. o Please label the District's Upper Page Distribution System on Sheet 4 of 5 of the Dell Avenue plan. Provide profile plan (to scale) of the existing 36-inch by 54-inch corrugated metal pipe arch (CMPA) containing the Upper Page Distribution System to the proposed subject work at station 9+16. A minimum 1-foot clearance from the top of the CMPA and the proposed work must be maintained. Provide profile plan (to scale) of the existing 47-inch by 71-inch CMPA containing the Upper Page Distribution System to the proposed subject work between stations 10+83 to 11+10. A minimum 1-foot clearance from the top of the CMPA and the proposed work must be maintained. The new concrete curb and AC between stations 10+83 to 11+10 must be designed for H-20 loading. Please submit a letter and (2) copies of revised plans for the subject project addressing the above comments for review and approval prior to work. T~e mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through the comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. Mr. Scott Swenson 2 March 26, 2001 If you have any comments or questions, please call me at (408) 265-2607, extension 2273. Please reference District File No. 13184 on any future correspondence regarding this project. Sincerely, 4y7S, A~ sn~sht iann~ EGx~ gVii ne en}Urra Community Projects Review Unit cc: ._ Ci_ty of Campbell Community Development Department 80 North First Street Campbell, CA 95008 Mr. Steven Haver Legacy Partners Commercial, Inc. 4000 E. Third Avenue, Suite 600 Foster City, CA 94404-4810 Sania Clara Valley ~al:er Disl:rict 0 ALMADEN EXPRESSWAY, SAN JOSE, CA 951' '14 (408) 265-2600 PERMIT FCE 60 (01.15-01~ Facility: Permittee: Applicant: Upper Page Distribution System Date Issued: May 3, 2001 Legacy Partners Commercial, Inc. Telephone: Attention: Mr. Steven Haver 4000 East Third Avenue, Suite 600 Foster City, CA 94404-4810 Permit No.: 01923 Kier and Wright Attention: Mr. Michael Lesar 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 (650) 235-2841 File: Telephone: (408) 727-6665 Re: 13184 Upper Page Distribution System Sly Hacienda Avenue Wly Dell Avenue Road Improvements for Hacienda Business Park Purpose of Permit: [] Encroachment [] Construction [] Temporary Removal of existing street improvements to construct new asphalt concrete conform paving and concrete curbs, overcrossing a 71-inch by 47-inch corrugated metal pipe arch (CMPA) containing the District's Upper Page Distribution System, within District easement, at the Hacienda Business Park. Continued on page 3 Construction Expiration Date: May 3, 2002 Encroachment Expiration Date: PERMITTEE MUST NOTIFY AND FURNISH SCHEDULE OF WORK TO: District's Construction Unit, % Mr. Dean Arroyo, (408) 265-2607, extension 2801, at least 2 normal working days before starting any work under this permit. Failure to notify is cause for revocation of permit and removal of work. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. This permit is subject to the General Provisions listed on the reverse side hereof or as expressly modified in the additional Special Provisions listed below. Violation of any provision shall be cause for immediate revocation of permit. SPECIAL PROVISIONS 1. All backfill within District right of way shall be compacted to at least 90 percent relative compaction which shall be determined using maximum dry density based on ASTM D 1557 laboratory test procedure. Field dry density and water content of soil should be determined following the ASTM D 1556 or ASTM D 2922/ASTM D 3017 standard procedure as applicable. 2. Obstructions to the existing waterway between October 15 and April 15 will not be allowed except by special permit from the District. Allow at least 15 days for the District to review and approve detailed plans and provisions for emergency flows. Continued on page 3 Approval: Sue A. Tippets, P.E. Engineering Unit Manager Community Projects Review Unit CC: City of Campbell Community Development Department 80 North First Street Campbell, CA 95008 FCE 60y (12/8/95) Upper PaCe Distribution System 3 Permit No. 0192,3 PURPOSE OF PERMIT--Continued 2. Removal of existing street improvements to construct new paving, curb, gutter, and sidewalk, overcrossing a 36-inch by 54-inch CMPA containing the District's Upper Page Distribution System, adjacent to District easement and fee title right of way, at Dell Avenue. 3. Installation of one 2-inch diameter electrical conduit overcrossing District's 36-inch by 54-inch CMPA containing the District's Upper Page Distribution System, adjacent to District easement and fee title right of way, at Dell Avenue. 4. Installation of one streetlight adjacent to the District's Upper Page Distribution System, District easement, and fee title right of way. SPECIAL PROVISIONS--Continued 3. Permittee shall use only nonpotable or reclaimed water for completion of activities under this permit, unless the District approves another source. 4. Permittee must contact Mr. Rick Linquist at (408) 265-2607, extension 2438, at least 48 hours prior to start of construction to have the District's Upper Page Distribution System marked. 5. Permittee must maintain a minimum 1-foot vertical clearance between the top of the CMPA and the road improvements and electrical conduit. 6. Permittee is responsible for the full cost of repairing any damage to the District's Upper Page Distribution System cau'sed by the construction permitted hereunder. 7. Permittee will remove all debris, construction materials, and wastes from the District's easement. 8. The District will not be responsible for damage or replacement of the road improvements on District easement due to maintenance or flood control activities. 9. Permittee is responsible for any groundwater contamination that may be caused as a result of the project. 10. The construction site will be left in a neat, clean, and orderly condition upon completion of the project. 11. Plans for future work within 50 feet of District easement must be submitted to the District for review and approval before such construction can begin. 12. All work associated with this permit is to be in accordance with the plans submitted to and approved by the District. Unauthorized changes to those plans may result in permittee being required to remove the unauthorized work' at permittee's sole cost. FC E 60y (12/8/95) City of Campbell Department of Public Works .£ROACHM NT PERMIT ISSUANCE CI-k~K IJ~T Encroachment Permit No. Tract No. Address: ITEMS REQUIRED FOR PERMIT APPLICATION: Applicant section complete Applicant signature and date (front and back) Permit Application Fee $245.00 paid - Receipt Number Engineer's Estimate Submitted Plan Check Deposit Paid (2% of Engineer's Estimate, $500 min) Receipt Number __ Five Sets of Improvement Plans Submitted ITEMS REQUIRED PRIOR TO PUBLIC WORK CLEARANCE FOR BUll,DING PERMITS __ Plan Check & Inspection Fee: If Engineer's Estimate < $250,000, then 12% of Engineer's Estimate. If Engineer's Estimate > $250,000, then Actual Cost + 20%. (Deposit of 8% of Engineer's Estimate required; $30,000 minimum deposit). Amount $. Receipt No. __ Security for Faithful Performance and Labor and Materials, 100% each of Engineer's Estimate, supplied or paid. Amount $. Form I.D. # Security for Monumentation Amount $ Receipt No. Construction Emergency Cash Deposit: 4% of Engineer's Estimate. ($500 minimum, $I0,000 maximum) Amount $ Receipt No. Storm Drainage Area Fee Amount $ Receipt No. Worker's Compensation Insurance Information Sheet Received for Applicant. All other Public Works requirements listed in the Conditions of Approval of the development. __ Other Fees, Payments, Deposits Amount $. Receipt No. ITEMS REQUIRED PRIOR TO ISSUANCE OF ENCROACHMENT PERMIT: __ Contractor's signature added to the permit application (front and back) __ Worker's Compensation Insurance Information Sheet received from Contractor. ~ 'i · ¢g~gl~tlcate of Insurance with Additional Insured's Endorsement received from Applicant or Contractor. __ One mylar set and four blueline sets of off-site plans signed by licensed engineer, stamped APPROVED FOR CONSTRUCTION. __ Permit signed by City Engineer. WHEN ALL OF THE ABOVE ITEMS ARE COMPLETE, PERMIT MAY BE ISSUED. Issuer: Initial and date and file with permit. UPON ISSUANCE, INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND j:\forms\pmtcklst rev. 8/00 CiTY Ol= {~MPB[LL Public Works Department 70 North First Street Campbell, CA 95008 TO: FACSIMILE COVER SHEET Fax Telephone · MESSAGE: Number of Pages Transmitted (including this page) Transmitted from Fax Phone # (408) 376-0958 If there are any problems with this transmission, please call 44 Dept. Phone No. J:\FORMS\FAXFORM(WORD) CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT PHONE (408) 866-2158 FAX (408) 376-0958 FACSIMILE TRANSMITTAL SHEET TO: FROM: Alvin Joanne D'Ambrosia COMPANY: DATE: 02/14/2001 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (415) 674-0999 5 PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE NUMBER: Vasona Technology Park [-]URGENT [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE NOTES/COMMENTS: As you requested, I am faxing Details 12, 13, and L-13. Also, please refer to sheet with business cards for our Assistant Engineer in Land Development, Cruz (Chuck) Gomez and our Public Works Inspector, Alan Hom. Mr. Gomez, rather than Mr. Housley as I previously stated, should be contacted about obtaining the necessary encroachment permit for tree planting. 70 NORTH FIRST STREET, CAMPBELL, CA 95008-1436 Order Entry Image Quality # 1 Image Quality # 2 Completeness Packaging SAN JOSE San Jose Los Gatos Mflpitas Sunnyvale San Jose Downtown 835 West Julian Stree~ 14107-0 VGnchester Blvd. 408 South Hillview Dr. 927 Kifer Road 80 South Fksl Street San Jose CA 9~6 Los gatos CA 95030 MJJpitos CA 95035 Sunnyvale, CA 94086 San Jose, CA 95Ji3 Phone 408.2955770 Phone 408.871.3070 Phone 408.2623000 Phone 408.736.7912 Phone 408.280.6464 Fa(simile 40B.971.3299 Fax 408.871.3075 F~csimJJe 408.262.5312 Facsimile 408135.1026 RKsJmiJe 408280.6470 BILLED TO CiTY OF CAMPBELL ATT: FINANCE OFFICE 70 N FIRST ST CAMPBELL CA 95005 31220 ORDEREDBY CHUCK GOMEZ PO.- ,~ 01-107 ORDER BOOK= DATE 01-22-U1 PHONE NO. 5 6 6 - 2 1 FAX 379-257 SPECIAL INSTRUCTIONS SHIP TO CITY OF CAMPBELL ATT: FINANCE OFFICE 70 N FIRST ST SHIP TO SHIP TO Internet Address NO. PCPrmflng'~"SJ Blue.cam MacPrinting<~ SJ Blue.cam World Wide Web Site hfl p://',mm~.SJ Blue.corn WAIT J WILLCALL ] J x i DELIVERY jSHIP I 7070112 TIME NEEDED ORiGiNALS PRINTS ROUTE 12 SHUTTLE 200-254 E HACIENDA 5 1 OCE 9800 BOND 24 X 36 3O 9.00 ;:: 9.00 A RESTOCKING FEE MAY BE CHARGED FOR RETURNED ITEMS PLEASE REMIT TO SAN JOSE BLUE PO BOX 26647 RECEIVED BY SAN JOSE CA 95159-6647 JAH PLEASE SEE REVERSE SIDE FOR CREDIT POLICY WHITE-DUPLICATE SUBTOIAL TOTAL TERMS: NET 30 DAYS 9.00 0.72 9.72 Recording Re.quested by: City of Campbell W~en recorded mail to: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 ) ) ) .) ) ) ) ) ) ) Doc#: 15439624 10/30/2000 2:29 PM APN: ADDRESS: 424-33-064 (Space above this li~ for Record~r's use only.) 200-254 E. Hacienda Avenued1315-1357 Dell Avenue STREET IMPROVEMENT AGREEMENT THIS AGREEMENT (identified as File No. PLN 2000-25 and PLN 2000-26 ) made and entered into this .~ c/H"day of ~C..+0~ex' , 20 (QO , by and between LEGACY - RECP II, HACIENDA OPCO, LLC, a Delaware limited liability company', hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on April 11, 2000 the Planning Commi.qsion per Resolution Nos. 3266 and 3267 granted conditional approval of PLN 2000-25 and PLN 2000-26 for that certain real property described in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 200-254 E. Hacienda Avenue/1315-1357 Dell Avenue, which property is hereirmfter 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 Site and Architectural Approval and Tentative Parcel Map; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, 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 fLrst 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 hi.q Cost amt expense improvement plan.~ 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 and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and impection 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. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the City of Campbell and West Valley Sanitation District of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City 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. 9691 as adopted by the City Council on June 6, 2000, or as may subsequently be adopted by the City Council. (6) Owner, or his successors, shall file with City, prior to beginning construction, surety acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of--all--the aforementioned improvement work, 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 mount 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 California created for the purpose of constructing and/or installing any or all of said improvements. (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 expressly 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 Sanitation District of Santa Clara County to ensure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of thi.q 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 wiring 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 into such agreement as required by San Jose Water Company when called upon to do so to ensure 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 fight of way within or without said real property necessary for the completion of the improvements 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 required to abandon, remove, raise, lower, relocate and otherwise 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 in 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 assignees 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 administrative 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 fulfill 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 property for the mutual benefit of Owner's property, commonly known as 200~254 E. Hacienda Avenue/1315-1357 Dell Avenue, and the City's property, commonly described as East Hacienda Avenue and Dell Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in 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 A~eement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the A~eement, 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 representations, agreements, arrangements or understandings that are not fully expressed herein. ' 4 (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. (21) Owner shall provide and construct the improvements for Hacienda Avenue and Dell Avenue, including lighting associated with the sidewalk described in Section (22) below, pursuant to Encroachment Permit ENC 2000-00072, approved by the City Engineer. The plans were prepared by Kier & Wright Civil Engineers & Surveyors, Inc., 3350 Scott Blvd., Building 22, Santa Clara, CA 95054. (22) Owner shall provide all maintenance, repair, and construction for that portion of the sidewalk, shown on the plans described in Section 21 above, which will be constructed within the Public Sidewalk Easement offered for dedication, but not accepted, as shown on the Parcel Map filed in Book ~'~'~ of Maps at Pages 25~ :~ D~ of Santa Clara County Records. Said offer for dedication shall remain open for 21 years from date of execution of this Agreement, unless earlier accepted by the City of Campbell. Owner shall not, at any time bar access by the public to the sidewalk, but unless and until the offer of dedication is accepted, the sidewalk shall remain under the exclusive ownership and control of Owner. IN WITNESS WI-~.~OF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his name to be affixed the day and year first above written. LEGACY - RECP II HACIENDA OPCO, LLC, a Delaware limited liability company By: DLJ REAL ESTATE CAPITAL PARTNERS 11, L.P., a Delaware limited partnership Its Managing Member By: DLJ REAL ESTATE CAPITAL H, L.P., a Delaware limited partnership Its General Partner (Notary Acknowledgment for above signator(ies) MUST be attached.) Anne Bybee, City Clerk By: DLJ REAL ESTATE CAPITAL II, INC., a Delaware corporation Its Managing General Partner Robert Kass~ Public'or h: \agrk2OOhaciendaimpnow(mp) EXHIBIT A All of Lots 2 and 5, shown on that certain Map entitled, "M_rs. W. $. Parr Tract," which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on December 19, 1890, in Book "E" of Maps, at page 63. STATE OF CALIFORNIA COI/NTY OF ~0~ On ocaL0k~6' ~.q: 7--00)0 b,for~me, personally appeared 5a~"~ /Jr. 5~qO O~otary Pubac) / personally known to me (or~;c.:':d :: ..--: c.r. ~; ~-----ia c,f ~-.~£,~,.a,,y cv;..'.,~e) to be the person(~ whose is/are' subscribed to the within instrument and acknowledged to me that he/~ executed the same in hi--ir authorized capacity(,i~), and that by ~ signature~) on the instrument, the personOr), or the entity upon behalf of which the person~x) acted, executed the insmunent. WITNESS m.y hand and official seal. (Signa of Notar7 Public) Crhi~ area for notarial seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ State of California / Date personally appeared Name(s) of Signer, s) ,,~personally known to me _~-' proved to me on the basis of satisfactor~ evidence to be the person(',A) whose namet~)is/er.e- subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/hcdthc!r authorized capacity(.4~, and that by his/h~4,t,b,~ signature(~0 on the instrument the person(y, or the entity upon behalf of which the person(~.) acted, executed the instrument. l~,ace Notary Seal Above WITNE _~ OPTIONAL the information below is not required by/aw, it may prove valuable to persons relying on the document fraudulent removal and reattachment of this form to another document. Description Title or Type ached Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~____ -- Individual Top of thumb here . ?. Corporate Officer -- Title(s): __ ~ ~ Partner--'C, Limited -- General ,~ ~ Attorney in Fact ~ F-: Trustee ~ ~ Guardian or Conservator ~ ~ ~ Other: '~. Signer Is Representing: ~ 1997 National N<31ary Association · 9350 De S<Xo Ave.. P.O. Box 2402 · Chatswo~th, CA 91313-2402 Prod. No, 5907 Reorder; Call Tc~.Free 1~00-876-6827 0¢11 '"'"" 7-2? 8. FI.~T GRAT~ ~qL. Lrr !C.C. DETAIL 03 9. STANDARD MANHOLE {C.S.J. DETAIL D-II) ilNC3,.UDES FRAME & MD) IO. BRF~ad~ AND ENTER M.HJD.I. SIDEWALK ~}RIV'EWAY APPROACH 9UAN'TTrlES : < ~0 K I I30 K to SL~O K · $I~0 K I / lb'70 $ AMOUN"r LF LF LF LF Lt· 1..,e SF SF $1,31313.00 $1,100.0{3 45oo 27-Jun-96 Page 1 of 4 rr~di NO. Dsr -~----mT~ON 4. ~A~ G~ ~PE~-I ~RB 7.~E AI-~ ~RB [. ~OBB~NE M~N SURFACE 9. ~.C.C. DRY.AY CO~O~ Vo I0. A.C. DRIVEWAY CONFORM ~PHALT DIGOUT AND REPLACE PAVEMENT WEDGE cur (6') 3. FAVEMEI¢I' GRINDING PAVEMENT FABRIC (PETRO-MAT) ASPHALT CONCRETE t'TYPE A) AGGREGATE ~ASE {CLASS 2) 7. SLURRY SEAL (TYPE ID SLURRY SEAt. (TYPE I.DETECTOR LOOP (6' x 3.' DETECTOR LOOP (6' :~ 4.[I~CTROIIER ". 6. 2' RIGID CONDUIT S AMOUNT s'~,___. '2.100 4125 s,.~ 24.7..c' $I..q01 -.=""' 27-Jun-96 Page 2 of 4 ~'ONDUCTOit & PUIL BOX (NO. 3 $. {~. N~ DETAIl. 29 g. ~NGD~J9 ~ N MA~ 19. ~VAGE RO~ ~. RD. ~GN ON 0uAm'rr~ I <~og :S~OKTO$ . { L.FI SI.40' SI.SI $135. SQ.{K{ Sl.7~ $1./,~: Sl.~ ~.~ Sl.~ Si.~ SlO0.O0: S~C).~OI SI~.O0 27-1un-96 Pag~ 3 of 4 ~gUUGA'rION. PL.AN~ WORK t 1. :TREE REMOVAl. 4. ROOT ~ARRIER ROOT RARRIF..R (Ir) '7. ~TREET TRE~ (36' BOX) t. PEDE..eTRIAN hARRIER ~-{AIN ~ FENCE (6') 2.RAISE MISC. BOX TO GRADE RAI~£ M^NHOI.~ TO GRADE 5.R4STALL MONUMEI'd'r ROX $125.r~ I "r:'n. O01 S10.00 L{: ~ 12~.00i S1~.(~ : I I EA: r~O.OO I S~GG EA ~ 6. MEDIAN CY pREPARED BY: REVIE'WED BY: A~aROVED BY: 10S SECURITY ENFORCEMENT FEE TOTAL ESTIMATE FOR FAfrNPUL pERr-ORMANC~ ~CURfrY H:~.CECO.~.WIC3(M F} REV6/'3/~ 27-Jun-96 Page 4 of 4