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ENC1999-00161CFi 'ir OF CAMPBELL DEPT. OF PUBLIC WORKS 70 North First St. Campbell, CA 95008 (408) 866-2150 Fax (408) 376-0958 ENCROACHMENT PERMIT b Permit (for working within the X-Ref. public right-of-way) issued'"~- '~_~-~,- ~ i Permit expires in 12 months Application Date'~'~- -2--~--'~--O 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 the permit is not issued. Application Fee is non-refundable.) Utility trench location C. Alxach four (4) copies of an engineered plans showing the location and extent of the work, and four (4) copies of the preliminary Engineer's Estima~ of work. The plans shall show the relation of the proposed work to existing surface and underground improvements. When approved by the City Engineer, said plan becomes a pan of this permit. D. All work shall conform to the City of Campbell Standard Specifications and Details for Public Works Comtruction; the General Permit Conditions listed on the reverse side; and the Special Provisions for this permit, listed below. Failure to abide by these conditions and provisions may result in job shut-down and/or forfeiture of Faithful Performance Sureties and cash deposits. (See General Permit Conditions I and 2.) E. THE CONTRACTOR MUST HAVE THIS PERMIT AND APPROVED PLANS AT THE SITE AND MUST NOTIFY THE PUBLIC WORKS DEPARTMENT AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORKS AT LEAST 24 HOURS BEFORE RESTARTING ANY WORK. "~dd~'~ ~' ........ 24 HOUR EMERGENCY TELEPHONE NO. Is this work being done by the property owner at their own residence? ~Yes The Appticant/Permim:e hereby agrees by affixing their signature to this permit to hold the City of Campbell, its officers, agents and employees free, safe as~l harmless from any claim or demand for damages resulting from the work covered by this permit. The Applicam/Pe~ hereby acknowledges that they have read and understand both the from and back of this permit, and they will inform their contractor(s) of the information, x " , ' (~.Fplic~JPermiuee) (sign') o-/, 1/%- ~' Date SPECIAL PROVISIONS ~I. Street shall not be open cut for underground installations. Minimum cuts may be allowed for connections or exploration holes. Such cuts may be specifically approved by the Inspector prior to cutting. ~ Pavement may be cut for underground installations and must be restored in acxordance with the Utility Trench Restoration Standard Details, Method 'A' Badtfill, unless otherwise approved by Inspector. V~3. Work to be staked by a licensed Land Surveyor or Civil Engineer and ~vo {2) copies of the cut sheets sent to the Public Wor~ Deparm~nt before starting worl~ ~"~. Per Section 4215 of the Government Code this permi~ is not valid for excavations until Underground ,~-rvic~ Alert (USA) has been notified and the inquu'y idonfification number has been entered he~eon. USA Phone 1~800-22%2600. USA TICKET NO. ~ Submit Traffic Control Plan and Schedule to Qity F, nqineer five workinq 4ays SEE PUBLIC WORKS FEE SCHEDULE FOR CURRENT FEES TYPE ° AMOUNT RECEIPT NO. PERMIT APPLICATION FEE PLAN CHECK DEPOSIT SECURITY FOR FAITHFUL PERFORMANCE/LABOR & MATERIAL8 CONSTRUCTION CASH DEPOSIT PLAN CHECK & INSPECTION FF.~ ~ ~--~___~~.-(~___--~-4~ t~,.~.~ ['~--~. ~. APPROVED FOR ISSUANCE :\forms\pwpermZ/rev.6t96 GENERAL PERMIT CONDITIONS I. A CONSTRUCTION CASH DEPOSIT is required. Charges will be made against this deposit if there is an emergency call-out, overtime inspection 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 written acceptance by the City. 3. REFUND of the cash deposit balance and refund or cancellation of the Faithful Performance Surety will be initiated by the written acceptanc~ of the work by the Ci~. 4. The Permittee MUST REQUEST IN WRITING a final inspection and acceptance of the work upon completion. Acceptance by the City will be made in writing to the Permittee. 5. 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, detours and street closures. This plan must be REVIEWED and APPROVED prior to any lane closures. 7. The CONSTRUCTION TRAFFIC CONTROL PLAN shall conform with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, dated 1990, available at Caltrans. Traffic control equipment shall include Type II flashing 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 over,ne rate with a three hour minimum. Advance 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. 13. Compaction testing of subgrade, base rock, and asphalt concrete by Permittee 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 consuuction, Contractor or Permittee 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 traveled way, or within the shoulderline 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. 18. This permit is NOT TRANSFERRABLE. Work must be performed by the Permittee or his designated agent or contractor as specified thereon. 19. CALL BACK (call out) due to emergencies regarding this permit, shall be at the current overtime rate with a three (3) hour mini~num charge per occurrence. 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 system other than storm water. Applicant shall adhere to the BEST MANAGEMENT PRACTICES established by the S. anta Clara Valley Nonpoint Source Pollution Control Program. Applicant shall be responsible for ensuring that all those providing services under the applicant are aware of and understand all of the above conditions. Applicant Date j:\forms\pwperra2 6/96 · CTFY 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) Issued 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 I1.04. (Application expires in 6 months if th~ permit is not issued. Application Fee is non-refundable.) Utility uench location C. Auach four (4) copies of an engineered plans showing the location and extent of the work, and four (4) copies of the preliminary Engineer's Estimate of work. The plans shall show the relation of the proposed work to existing surface and underground improvements. When approved by the City Engineer, said plan becomes a part of D. Ail work shall conform to the City of Campbell Standard Specifications and Details for Public Works Construction; the General Permit Conditions listed on the reverse side; and the Special Provisions for this permit, listed below. Failure to abide by these conditions and provisions may result in job shot-down and/or forfeiture of Faithful Performance Sumies and cash deposits. (See General Permit Conditions I and 2.) E. THE CONTRACTOR MUST HAVE THiS PERMIT AND APPROVED PLANS AT THE SITE AND MUST NOTIFY THE PUBLIC WORKS DEPARTMENT AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORKS AT LEAST 24 HOURS BEFORE RESTARTING ANY WORK. Name of Applicant work b~ng do~ by the property own~ ~, their owu ~iden~? Y~s Telephone 24 HOUR EMERGENCY TELEPHONE NO. ~ No The Applicant/Permittee hereby agrees by affixing their signature to this permit to hold the City of Campbell, its officers, agents and employees free, safe and harmless from any claim or demand for damages resulting from the work covered by this permit. The Applicant/Permiuee hereby acknowledges that they have read nmi understand both the front and back of this permit, and they will inform their contractor(s) of the information. (ApplicanffPerminee) (sign) c---Date SPECIAL PROVISIONS ~l. Street shall not be open cut for underground installations. Minimum cuts ma~ be allowed fo~ coenecfions or exploration holes. Such cuts may be specifically npproved by the Inspector prior to ct~ine. ~2. Pavement may be cut for undderground installations and must be restored in accordan~ With the Utility Trench' Restoration Standard Details, Method 'A' Backfill, unless otherwise approved by Inspector. .__3. Work to be staked by a licensed Land Surveyor or Civil Engineer and two (2) copies of the cut sheets sent to the Public Works Department before starting work. ._...4L PUt Seetion 4215 of the Government Cnde this permit is not valid for excavations until Underground Service Aler~ (USA) hns been notified and ~e inquiry identit'w, atinn number has been entered hereon; USA Phone 1-800-227~2600. USA TICKET NO. for City Engineer Date \forms\pwperm2Yrev.6/96 GENERAL PERMIT CONDITIONS I. A CONSTRUCTION CASH DEPOSIT is required. Charges will be made against this deposit if there is an emergency call-out, overtime inspection or when City ordered barricading is required. Any such costs in excess of the deposit will be billed to the Permit~e. 2. A ONE-YEAR MAINTENANCE PERIOD AND SURETY are required. Such period will begin on date of written acceptance by the City. 3. REFUND of the cash deposit balance and refund or cancellation of the Faithful Performance Surety will be initiated by the written acceptance of the work by the City. 4. The Permittee MUST REQUEST IN WRITING a final inspection and acceptan~ of the work upon completion. Acceptance by the City will be made in writing to the Permittee. 5. MAINTAIN safe pedestrian ami 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, detours and street closures. This plan must be REVIEWED and APPROVED prior to any lane closures. 7. Thc CONSTRUCTION TRAFFIC CONTROL PLAN shah conform with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones. dated 1990, available at Caltrans. Traffic control equipment shall include Typo II flashing 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. 10. 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 thc current overtime rate with a three hour minimum. Advance 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 ali labor and materials) against the cash deposit. 13. Compaction testing of subgrade, base rock, and asphalt concrete by Petmit~e is REQUIRED unless otherwise stated by the City Engineer. I4. The Contractor or Permittee will have a SUPERVISORY REPRESENTATIVE available for contact on the project at all times during construction. Conuactor or Permittee 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 STORAOE of materials or equipment will be allowed near the edge of pavement, the traveled way, or within the shouldefline 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 Permit~e 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. 18. This permit is NOT TRANSFERRABLE. Work must be performed by the Permittee or his designated agent or contractor as specified thereon. 19. CALL BACK (call GU0 due to emergencies regarding this permit, shall be at the current overtime rate with a three (3) hour minin~um charge per ocgurrengeo 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 system other than storm water. Applicant shall adhere to the BEST MANAGEMENT PRACTICES established by the S, anta Clara Valley Nonpoint Source Pollution Control Program. Applicant shall be responsible for ensuring that aH those providing services under the applicant are aware of and understand all of the above conditions. ~ / Applicant Date ~.~ j:\forms\pwperm2 6/96 crrY 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'°~a} ~on~~ Issued !~"~/ ]~:~ Application Date /oj~'~c~) Permit expire~ iff 12 Application e~ires in 6 mon~ APP~CA~ON - A~li~on is bevy ~e for a ~blic Wor~ Pe~t m ~r~ wi~ C~ll Municip~ C~e. S~on 11.~. (~pli~on e~ in 6 ~ d ~ ~ h ~ hsu~. Appli~ion F~ ~ no~n~le.) Utility trench location C. Auach four (4) copies of an engineered plans showing the location and ex~'nt of the work, and four (4) copies of the preliminary Engineer's Estimate of work. The plans shall show the relmon of the proposed work to existing surfac~ and underground UnProvements. When approved by the City Engineer, said plan becomes a part of this permit. D. All work shail conform to the City of Campbell Standard Specifications and Details for Public Works Construction; the General Permit Conditions listed on the reverse side; and the Special Provisions for this permit, listed below. Failure to abide by these conditions and provisions may result in job shut~own and/or forfeiture of Faithful Performance Sureties and cash deposits. (See General Permit Conditions 1 and 2.) E. THE CONTRACTOR MUST HAVE THIS PERMIT AND APPROVED PLANS AT THE SITE AND MUST NOTIFY THE PUBLIC WORKS DEPARTMENT AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORF~ AT LEAST 24 HOUR~ BEFORE RE, STARTING ANY WORK. Is th~ work being don~ by the property owner at their own r'sidcn~? Yes ~--"No The Appllcant/Permitm: beroby agr~ by affixing their signature to this permit to hold thc City of Campbell. it~ officers, agents and employ~ fn~. safe and harmless from any claim or demand for damages re~ulting from thc work covered by this permit. iaformation.Th¢ Applicaat/P~.mktee bereby acknowledges chat they have r~ and understand both thc front and ~is p~rmit, and th,'y will inform their contractoffs) of the ~ (Applicant/P¢~dttee) (sign) --- ' ~/~'///, . ~ ~-~,. -- ' / ,//-/i '~ ~'-a'r-''~'~-'~¥.'~. ? SPECIAL PROVISIONS ~'ee~ shall not be open cot for underground insudlations. Miaimum cum may be allowed for connections or exploration holes, ~uch cuts may be specifically approved by the Inspector prior to cutting Pavan~nt may be cut for underground installations and must be restored m accordance with the Utility Trench Restoration S~andard Details, Mm~xl 'A' Backfill, unless otherwise approved by Inspector. Work to be staked by a licensed Land Surveyor or Civil Engineer and two (2) copies of the cut sbeets sent to thc Public Works D~pattment before starving work. 1~' Section 4215 of the Government ~ this permk h not valid for excavations until Underground Sendce Alert (USA) has been notif~l and the inquiry identit'~aJon number has been entered hereon. USA Phone 1-800-227-2600. USA TICKET NO. Subm±t Tra££~.¢ Contro~ Pl. atn and Schedule worK2_nq clays pre_or to o~hedu~ecl use £o~ rev±eW ~tnd gtpDrovat. SEE PUBLIC WORKS FEE SCHEDULE FOR CURRENT FR~:-~ TYPE ' AMOUNT RECEIPT NO. PLAN CHECK DEPOSIT S~ SECURITY FOR FAITHFUL PERFORMANCE/tABOR & MATERIALS CONSTRUCTION CASH DEPOSIT .~ ~-=~F.~e_.~a~~;~a, ~ c"~~'~, . ~'f~ I~,"'~.~,,O,~4'_ PLAN CHECK & INSPECTION FEE $ ,~.,-~.t:~f::~, ~ '~" --f)-- ' fo~ City Eng'~r-V% D~ :\ forms~,pwperra2J rev .6196 ~ENERAL PERMIT CONDITIONS I. A CONSTRUCTION CASH DEPOSIT is required. Charges will be made against this deposit if there is an emergency call-out, overtime inspection or when City ordered bauicading is required. Any such costs in excess of the deposit will be billed to the Permit. ce. 2. A ONE-YEAR MAINTENANCE PERIOD AND SURETY are required. Such period will begin on date of written acceptance by the City. 3. REFUND of the cash deposit balance and refund or cancellation of the Faithful Performance Surety will be imtiated by the written acceptance of the work by the City. 4. The Permittee MUST REQUEST IN WRITING a final inspection and acceptance of the work upon completion. Acceptance by the City will be made in writing to the Permittee. ~. MAINTAIN s~fe 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, detours and street closures. This plan must be REVIEWED and APPROVED prior to any lane closures. 7. The CONSTRUCTION TRAFFIC CONTROL PLAN shall conform with the Caltrans Manual of Traffic Controls for Consu, uction and Maintenance Work Zones, dated 1990, available at Caltrans. Traffic control equipment shall include Type Il flashing 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 ovemme rate, minimum one hour charge. I I. SATURDAY INSPECTIONS must be arranged in advance. Saturday inspection time is charged at the current overtime rate with a three hour minimum. Advance 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 ban-icading may result in the City's renting such signing and barricades and charging the cost (including all labor and materials) against the cash deposit. 13. Compaction testing of subgrade, base rock, and asphalt concrete by Permittee is REQUIRED unless otherwise stated by the City Engineer. 14. The Conwactor or Permiltee will have a SUPERVISORY REPRESENTATIVE available for contact on the project at all times during construction. Contractor or Permi~e shall provide a phone number at which they can be contacted outside the hours of 8:00 a.m. to 4:00 p.m. I~. No STORAGE of materials or equipment will be allowed near the edge of pavement, the u'aveled way, or within the shoulderline 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 Permit'tee of any obligation to obtain any other permit required by law. 17. This permit does NOT RELEASE the Permiuee from any liabilities contained in other agreements or contracts with the City and any other public agency. 18. This permit is NOT TRANSFERRABLE. Work must be performed by the Permittee or his designated agent or contractor as specified thereon. 19. CALL BACK (call out) due to emergencies regarding this permit, shall be at the current overtime rate with a three (3) hour minimum charge per 20. Pursuant to Chapter 14.02 of the Campbell Mumcipal Code, applicant shall not cause to be discharged any material into the municipal storm dram system other than storm water. Applicant shall adhere to the BEST MANAGEMENT PRACTICES established by the S, anta Clara Valley Nonpoint Source Pollution Control Program. Applicant shall be responsible for ensuring that all those providing services under the applicant are aware of and understand all of the above conditions. j:\fom\pwperm2 6/96 Refundoble Deposit Check Request To: Finance Director Check Payable To: Bucknall Rd., LLC Address - Line 1: c/o Marko Duchich Line 2: 875 Emery Avenue City: Campbell State: CA Zip: 95008 Description: Refund Deposit Account Number: 101.2203 Amount: $8,850.00 Account Number: Amount; Account Number: 101.540.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: $8,850.00 (Exact Amount) Purpose: Refund Maintenance Cash Bond Deposit Permit #: 99-161 Voucher #: Receipt #: 142081 r · Requested by: a~~.~~~ ~~ _....Title: Al Approved by: Title: Michelle Q~inney Finance Dept Only: Verified by: Title: Date: 08/15/2001 Sr. PW Inspector Date: 10/10/2002 City Engineer Date: 10/10/2002 Accounting Clerk II Date: Approved by: Title: Accountant Date: Special ;nstructions For Handling Check Mail As Is: XX Mail in Attached Envelope: __ Interim Check: Needed By: Return To: Other: (Name) (Department) f/n: Forms/excel/chkreq Revised 05/00 .,2 WORKS DEPARTMENT RECEIPT Effecnve July 1, 2001 4.35 53~ 4'921 ~ Pro,e~'Re, enue ~i~'G ENCROACHMENT PERMIT 4722 Applicanon Fee I Ntm-U0lilv Encroachment Permit J Minor Eocroachment Permit < S5,~ (S55.~) Arteral/Collector Street ~S370.~) Residelmal Street/Other Areas ($255.00) 2203! Plan Check Deposit - 2% of ENGR. EST. 15500 Fa,htul Performance Secur,v IFPS) 2203[ (100% oi: ENGR.EST ) 22031 Labor and Materials Security (100% o( ENGR. EST.) 22031 Moaumentatmn Security I100% of ENGR.EST.) 22031 Casl~ Deposit (4.% of ENGR.EST.)(SS00 mm. SlO.000 max) 22031 Labor and Material Security 1100% of ENGR. EST.} Plan Check & Inspecnou Fee INon~Utflity) Ener Est. <' S250.000 47221 22031 (12% of ENGR. EST.) Eaer Est. >S250.0OO (Deposit 8% ot ENGR EST..S30 000 min.)" 47221 t/It(it:, < SI00.(×YO (8%) Mimmum Charge Per Location Condu,slPipelines up co 500 Feet l$2.10) Abo'~ e 500 Linear Feet ($1.30) Marnoles/Vaults/Eic. (Sl20.00/ea) Pore Set/Removal /$120.00/ea) Street Tree Planting/Removal {Sl20.~/tree~ 22031 Utility > SI00 0t~ Actual Cost * 20%" 4760J Prmec[ Plans & Speciticamms Pro[em No. 4760'. Standard S~ecfficauo.s & De:ails I$I/P~ SlS.ffd/Bk) Mans nod Plans 247 x 36" (57.50) 4.722i Penalues: Failure to correct unsatk conditions tSlOO/Calendar Day) LAND DEVELOPMENT `1722 Lot Line Ad,us(men( ($625.00) ,17224 Parcel Mao (4 Lots or Lcssl (SI.215 +- $251LOO 1722! Final Tract Moo (5 or More Lots) (SK570 ..v 525/LOO 47221 Cemficate of Comoliance 15565.00) 1722! Certiticate or Correction (S345.00) 4.722[ Notary Fee ,oer st~nature} 4.722! Vacauon of ?ublic Streets & Easements (S625.00) ! First Spilt (S625.00) I Eac:~ ~dditional Lot (S190.00) -I.721 Storm Dra,n.~,.te .&rea Fee Per Acre (R-I. S2.000) (MulmRes. 52.250/ tall Other. 52.500) 4~20i Parktaad Dec:.:atton Fee (75 %/25 % Due Upon Cert. of Cccuoancv) 49~5; Po~Iaec TRAFFIC 4.7281 h,ersecnon Turn Counts !Tu.o-Hour Count 472gt Intersccnon Turn Counts (a.m. or p.m. oeaks 4728t Tratt'ic Fit),.,. Man (Daily Traffic Volumes) (S30.00) 4.728i Campbell Traffic Model (Full Scope Assessment~ t52.560.0OI 47281 CampbeTI TrarSc Modet (Reducecl Scope Assessmeot) (S845 00) 4.271[ Truck Permits ~$16 00/per trip~ 4728; No Parkin~ ";,.:ms (SI/each or $25i100) OTHER NAME OF ..\PI'LI('.\NT "Actual Cost Plus 20':; O~crhcac Non-h~rest bearin~ deposiU r c,v,~,.~ ' '~ "" ~ ' .::: :::::::::' :':: :: ::::::::::: ~::::: :::: :::::*:::::::: : :: ~::~::t ,; :~z' ; . ';:":':": ;;: 2'::~5:'~:':L... ':: ~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::~:~ ~ ::[ To: Finance Director Check Payable To: Address - Line 1: Line 2: Description: Account Number: Account Number: Account Number: (Finance Dept only) Tota~ Payable: Purpose: Refundoble beposit Check Request Robert Schafer 14960 Los Gatos-Almaden Road Los Gatos Refund of Deposit 101.2203 101.540.7448 Interest Earned $1,416.00 Refund of Construction Cash Deposit State: CA Zip: 95032 Amount: $1,416.00 Amount: Amount: (Finance Dept only) (Exact Amount) Voucher #: Permit #: 99-161 Receipt #: Requested by: Approved by: Finance Dept Only: Verified by: 123046 Alan Hom~E~.(. ~__~,~ Title: Michelle Quit{ney- Title: Date: 07/28/1999 Sr. PW Inspector Date: City Engineer Date: 09112/200t 09/12/2001 Accounting Clerk II Date: Approved by: Title: Accountant Date: Special ]:nstructions For Hondling Check Mail As Is: XX Mail in Attached Envelope: Interim Check: Needed By: Return To: Other: (Name) (Department) f/n: Forms/excel/chl(req - Revised 05/00 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 Request Robert Schafer 14960 Los Gatos-Almaden Road Los Gatos Refund o~'Surety 101.2203 101.540.7448 Interest Earned $2,000,00 Refund of Monumentation Security State: CA Zip: 95032 Amount: Amount: Amount: (Exact Amount) $2,000.00 (Finance Dept only) Voucher #: Permit #: 99-161 07/28/1999 Receipt#: _ __/~ ~,/ 123~A5 .,/ Requested b .'~~~,'~-~~~,,¢,,~,~ Title: A.proved by: t ~_~ ~ / ~ ~' Title: m/~~ ~novet ~ - Finance Dept Only: Verified by: Title: Date: Land Dev. Eng. Date: Land Dev. Mgr. Date: Accounting Clerk II Date: 09/1112001 09/11/2001 Approved by: Title: Accountant Date: Special ]:nstructions For Handling Check Mail As Is: XX Mail in Attached Envelope: Interim Check: Needed By: Return To: (Name) (Department) Other: f/n: Forms/excel/chkreq Revised 05/00 JBUC WORKS DEPARTMENT RECEIPT E~reclb~e July 1, ENCROACHME~ PE~ 4~2 Application F~ Non-Ufiliw ~t ~it 2203 Fai~ful P~o~ ~W (~ ([~ of ~G~.) * 2203 ~r and Ma~h ~ufi~ ( I~. of ~G~ 2203 Mon~e.~Uo. ~w (H~m of~GZ~.) ~7~)~ Cop~ or' Engining Ma~ & Hus (S.30/~.~) ~ {Muni C~e ~ 1134.010) ¢~2~ml Tract Map (~ or M~ ~) (SilgO + ~3~) 4~ Ccmfi~ of Compl~ (S~(X)) 4~2V~fion of ~bl~ S~ & ~U 4~2A~ssment ~g~afioa or ~t ~ Split 4~XIn~fion Turn Co~u (a.m. ~ p.m. ~) (S1 4271 T~k P~iU NAME OF PAYOR $ ~ONE RECEIVED BY' ' ~ / . I .o yRECEIVED FOR CITY CLERK ONLY *For Pta. Ch~:.and Ca, D~po .....dycllowcopyta,--. J U L 2 8 1999 CL£RK'S OFFICE ..--4 I I I ! ONLINE RECEIPT DETAIL SCREEN 1 of 1 RCP_NUMBER 01000123045 REG NO 01 BATCH NO R0728 PAYMENT CHECK RCP_DATE 07/28/1999 PAYOR ROBERT SCHAFER RCP ANT 2000,00 REV CODE DESCRIPTION CUSTOMER ID AMOUNT 2203 REF DEPOSITS -101,2203 1725 BUCKNALL EP99-161 2000,00 CTRL-F PG DONN ARRONS-UP/DONN CTRL-B PG UP RETURN-SELECT CTRL-P ABORT ONLINE RECEIPT DETAIL SCREEN 1 of 1 RCP_NUMBER 01000123046 REG_NO 01 BATCH_NO R0728 PAYMENT CHECK RCP_DATE 07/28/1999 PAYOR ROBERT SCHAFER RCP ANT 1416,00 REV CODE DESCRIPTION CUSTOMER ID AMOUNT 2203 REF DEPOSITS -101.2203 CASH DEP. EP 99-161 1416.00 CTRL-F PG DONN ARRONS-UP/DONN CTRL-B PG UP RETURN-SELECT CTRL-P ABORT ONLINE RECEIPT DETAIL SCREEN 1 of 3 RCP_NUMBER 01000123047 REG NO 01 BATCH NO R0728 RCP_DATE 07/28/1999 PAYOR ROBERT SCCHAFER PAYMENT CHECK ReP AMT 12298,25 REV CODE DESCRIPTION CUSTOMER ID AMOUNT 4722 ENGR & SUBDIV FILING FEES 1725 BUCKNALL EP 99-161 4248.00 4721 STORM DRAIN FEES FN 209 EP 99-161 464,00 4920 PARKLAND DEDICATION FEE EP 99-161 7586.25 CTRL-F PG DONN ARRONS-UP/DONN CTRL-B PG UP RETURN-SELECT CTRL-P ABORT 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 Request Marko Duchich 875 Emory Ave. Campbell Refund Deposit/Security 101.2203 101.540.7448 Interest Earned $$20.00 Refund of Plan Check Deposit State: CA Zip: 95008 Amount: $520.00 Amount: Amount: (Finance Dept only) (Exa~Amount) Voucher #: Permit #: 99-161 Receipt #: _ Approved by: A ,-~r-..~;~j~LZ/z.-- Title: Lynn PenoyerF Finance Dept Only: Verified by: Title: Date: 03/24/1999 Land Dev. Engineer Date: Land Dev. Manager Date: Accounting Clerk II Date: 04/02/2001 04/02/2001 Approved by: Title: Accountant Date: Special ]:nstructions For Handling Check Mail As Is: X Mail in Attached Envelope: Interim Check: Needed By: Return To: (Name) (Department) Other: f/n: Formslexcellchkreq - Revised 05/00 to: C]w Clcr~ PUBLIC WORKS DEPARTMENT R~CEIFT E.frectivo July 1, 1996 PROPERTY ADDRESS ENCROACHMENT PERMIT Utility ~ncm~chmem Perm t 2203 22[13 Labor and Mam6als SeeudW 1100% of ~NGR. EST.) 4722 22113 4722 221}3 Cash Deposit (4% of ENGR. EST.)~$500 min/g I O.000 mtx) Plan Check ~ Ins~fion F~ (Non-Ufili~) (12% of ENGR. EST.) (Deposit 8% of ENGR. £STd~0.0~Xl min.)*' Above 500 F~'m (Sl.10/fi.) Manholes~/aulwEte. ( $ 105~ca) Pole ~moval (S 1()5/~) 4~2 ~nal Tract Ma~ 15 or Mom ~M) 4722 First Split ($$50) E~ch Addldoul Lot 4721 Storm Drainage Ama Fee Per Am (R- 1. (Multi-Rcs, tall Other. 4920 Parkland Dedication F~ 4965 Peshagc TRAFFIC 4728j OTHER Intersection Turn Counts fl'wo-Hour Count} ($6O) Intersection Turn Counts (a.m. or p.m. peaks) ($125) 472.qj Trat'fic Fimv Map (Daily Trnl~c Volumel) ($27} 4271 j Truck Permits ($35/trip) TOTAL NAME OF APPLICANT *e Actual Cost Plus 21P/, 0vcthead (Non*lmer~st benrin{ deuollt) h:~teefrm4(cxc)mplrev $i,$~,.00 ONLINE RECEIPT QUERY SCREEN 5 of 8 RCP_NUHBER RCP_DATE REG_NO BATCH_NO PAYOR RCP ANOUNT 01000105872 10/07/1997 01 R1007 01000109050 02/12/1998 01 R0212 01000109131 02/18/1998 01 R0218 01000119693 03/24/1999 01 R0324 01000119694 03/24/1999 01 R0324 01000120803 05/04/1999 01 R0504 01000125321 10/26/1999 01 R1026 01000133991 09/21/2000 01 R0921 NARKO DUCHICH 123,00 NARKO DUCHICH 8600,00 HARKO DUCHICH 5,00 NARKO DUCHICH 1385,00 HARKO DUCHICH 520.00 NARKO DUCHICH 3309,20 HARKO DUCHICH 60,00 NARKO DUCHICH 485.00 CTRL-F PG DONN ARRONS-UP/DONN CTRL-B PG UP RETURN-SELECT CTRL-P ABORT CITY OF CAMPBELL Public XYdorks Department Septermber 12, 2001 Marko Duchich 875 Emory Avenue Campbell, CA 95008 SUBJECT: PERMIT NO. 99-161 :LOCATION: 1725 Bucknall Road FINAL INSPECTION AND ACCEPTANCE Dear Mr. Duchich: 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 August 15, 2001. 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 $1,416.00, plus any interest due, is now being processed and will be sent to Robert Schafer under separate cover. Your Cash Maintenance Bond in the amount of $8,850.00 has been received, therefore, we are returning the attached Faithful Performance Bond and Labor & Material Bond. If you have any questions, please call me at (408) 866-2168. Sincerely, Alan ~0T_n.'{"d '- ~~ Senior Public Works Inspector MQ CC: Suspense - i 1 months Permit//99-161 Inspector File Mark Rippo, Attorney-in-Fact, Developers Insurance Company, 17780 Fitch St., Suite 200, Irvine, CA 92614 h:\word\permits\19916 lfin(jd) 70 North First Street · Campbell, California 95008-1423 · TEL 408.866.2150 · F^x 408.376.0958 · TI)D 408.866.2790 Sent: To: Subject: Joanne D' Ambrosia Wednesday, September 27, 2000 9:01 AM Sandy Terpko Permit 99-161/1725 Bucknall Rd Unfortunately, we have lost an encroachment permit file in Public Works. We are trying to reconstruct the file and know that a number of fees were paid and deposits made since we first received the permit application. In your absence I asked Mark Gaeta for help tracking down info on the payments. Of course, I am able to see the refundable deposit info our your monthly list but I needed his help finding evidence of the fees that were paid. He was able to give me a copy of the Receipt Detail Report for fees/deposits paid/made by Robert Schafer (actually his were posted as Schafer and Scchafer so there are two different entries) n 712811999. I believe that more fees were paid o~4/9.-~1~ another party to the file,.-arko ~ · I know he made a refunUable denoslt ~Ao.~. ~ ......... ~ as that is a date that ,- ' · ........ w..~. t able ~proof of the 3/24/99 payments since it was two FYs ago and files are in long term storage. Do you have a way of recapturing that info on some other report without having to go to the archived files? Let me know if you need more info. or if my explanation is "clear as mud". Thanks in advance for your help. PREMIUM: $708.00 BO? FOR FAITHFUL PERFORMANC PREMIUM TERM: 2 YEARS SUBJECT TO RENEWAL We, ~he undersigned Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common (hereinafter "Contractor") and DEVELOPERS INSURANCE COMPANY , a corporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of Calitbrnia, in the sum of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00 ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Contractor has, on JULY 28 , 19 99 , entered into written Contract with the City for the Project, a copy of which contract is attached and made a part of this bond, for construction of Project ZC 98-01, PD 98-01, PM 98-01, 1725 Bucknall Road, Encroachment Permit 99-161. Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City. all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect. If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the Contract excluding the warranty period, if any, provided for in the Contract, and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of Cali/brnia. Inwitness, the parties have executed this agreement as of ~ -- C~ ~) "---- , 1979 Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common. (Principal) Lf' ., , . ~ /~ /:' //::7 ~. ~ Jovan Vidovic Robert L. Schat~r / / / 0 Corem #111,*423 ~~}NOTARY FUGLiC - CA-?C~N.,,~ ~ ~/'/ SANTA CLARA CCUN~ ~ [J (Attach Ac~owledgemenB) ~ ~ &O -- ~ ~ (Both Principal's and Surety's Attorney in Fact) h:\landdev\ 1725buc3 (rap) (Surety) DEVELOPERS INSURANCE COMPANY By t/l~g,C'~-/~ '~r' ' HARK ROi~Ot' ATTORNEY-IN-FACT Address of Surety: 17780 FITCH STREET, SUITE 200 IRVINE, CA 92614 Surety's Bond Number 865201S (Accompany this bond with Attorney-in-/act's authority t¥om Surety to execute the bond, certified to include the date of the bond.) ~ ~OND FOR LABOR AND MATER~*,', PREMIUM INCL. IN PERF. BONI ~ SUBJECT TO RENEWAL We, the undersigned Jovan x, ovic, an unmarried man and Robert L. Schm._, an unmarried man and Marko Duchich, a married man, aa his sole and separate property, as tenants in common, (hereinafter "Principal") and DEVELOPERS INSURANCE COMPANY , a corporation organized under the laws of the State or' CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the city ct' Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated. JULY 28 , 19 99 , , a true and correct copy or' which is presently on file in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof. The contract is entitled: ZC 98-01, PD 98-01, PM 98--01, 1725 Bucknall Road, Encroachment Permit 99-16l. Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind. or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond. and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. Now, therefore, we, Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich. a married man, as his sole and separate property, as tenants in common, as Principal, AND DEVELOPERS INSURANCE *. as Surety, are obligated to the City of Campbell, in the sum of $ THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($35,400.00), lawful money of the United States, for the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions. *COMPANY The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them. in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attornev's tee, to be fixed by the court. No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said Contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety, from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. In wimess, the parties have executed this agreement as of ~ -- ~ 0 '~, 19_~. Jovan Vidovic, an unmarried man and Robert L. Schuler, an unmarried man an .'vlarko Duchich, a married man, as his sole and separate property, as tenants in common. (Principal) Jovan Vidovic ,- ~ Geoffre' N,~ (Attach Ac~owledgments) (Both Principal's ~d Sure~'s Attorney in Fac0 (j :~,wordl~brms/l&mbond) Robert L. Sch~er ,,, ~ (Surety) Marko Duchich DEVELOPERS INSURANCE COMPANY ,,.~'L/.,¢.~. ~.. -/.--. , By MARK ROPPO ATTORNEY-IN-FACT Address of Surety: 17780 FITCH STREET, SUITE 200 IRVINE, CA 92614 Surety's Bond Number 865201S (Accompany this bond with attorney-in-fact's authority from SureLy to execute the bond, certified to include the date of the bond.) INSURANCE REQUIREMENTS CHECKLIST Permit# qq~lLp[ ,/ ,. . CIPProject# The following insurance is required of all contractors working in the City, of Campbell public right-ogway. Insurance certificates must be accepted by City staff before work can begin. These insurance requirements apply to work being per~brmed 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: ~I $1,000.000 per occurrence, and -n $1,000.000 general aggregate limit applying separately to the project, or ~5,., $2,000,000 general aggregate limit. Policy expiration date q//~/~ O × Automotive Liability: ,,~ "Any Auto" checked on certificate $1.000,000 per accident tbr bodily injury and property damage Policy expiration date o~! i. ~ [_/~.~ (_52_ .(~~-e'~. ~-,',- Workers' Compensation and Employer's Liability ~ $1,000,000 per accident for bodily injury or di e e ,~ Policv expiration date Course ot Construcnon 0f reqmred in Special ProvisionsJ 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. ~' 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 agents or representatives". ~ Workers' Compensation Insurance Sheet Submitted ~ For General Contractor ~ a For Developer or Owr/er-~. .. . AcceptaNhty ot Insurer(s, (~~l ~ ~t~, a in u Cs; h.s Best R ti t' : h6rize to transact business in the State of Cali~ ..~ Copy of Insurance Certificate placed in tickler file for month o£expiration. j:\forms\inscklst (rev 11/99) STATE PiO: BOX 420807, SAN FRANCISCO, cA 94142.0807 COMPENSATION INSURANCE I:U N D CERTIFICATE OF WORKERS'COMPENSATION INSURANCE DECEMBER 20, 2001 POLICY NUMBER: CERTIFICATE EXPIRES: CITY OF CAMPBELL 75 N CENTRAL CAMPBELL, CA 95008 046-02 1-1-03 UNIT 0004730 This is to certify that we have issued a valid Workersr Compensation ~nsurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poli~period indicated. This policy is not subject to cancellation by the Fund except upon t'~days' advance written notice to the employer. 3O We will also give you -~N 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 amy requirement, term, or conditiOn of any contract or other document with respect t0 which this certificate of insurance may be i~Sue:d or may pertain; the insurance afforded bythe policies described herein is subject to all the terms, exclusions and COnditions of such poliCies. ALJ~' HORIZED REPRESENT'ATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT ~/2065 ENTITLED cERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/01/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GEORGE~ D GARCIA INC 643 KINGS ROW SAN JOSE, CA 951t2~2724: C±ient~: 35456 GALEBPAVI1 CERTIFICA..-' OF LIABILITY INSUF,.,NCE DATE (MMIDD/YY) O9/l /Oi PRODUCER Construction Unit ABD Insurance & Financial 305 Walnut Street Redwood City, CA 94063 Services 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. INSURERS AFFORDING COVERAGE INSURED Galeb Paving Inc. 12372 S Saratoga-Sunnyvale Rd Ste. #6 Saratoga, CA 95070 ,,NSURERA:Royal Surplus Lines Insurance Co. ~NSURERB:Unigard Insurance Company iINSURER C: INSURER D: IINSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS~I~ [PO LICY ~E']PoLICY EXPIRATIOh LTR; TYPE OF INSURANCE I POLICY NUMBER / DATE (MMIDD/YY)/ DATE CMM/DDIY~ LIMITS A i GENERALL,AB,L,TY iKZBE18105 109/15/01 09/15/02 E~?HOOOURRENCE $1,000,000 X1 COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) ' 50 , 000 ! CLAIMS MADEI X [ OCCUR i! MED EXP (Any one person) $5 I i PERSONAL&ADVlNJURY $1 ! 000 t 000 [ ! i i GENERAL AGGREGATE $2I 0 0 0t 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: ] P°L'oYiX 1"R°-JEcT i LOC ' ,I PROOUCTS-COMP,OPAGC ,2, 000, 000 B , AUTOMOBILE LIABILITY . PX8 0 8 8 71 0 9 / 15 / 01 '. 0 9 / 15 / 0 2 , COMBINED SINGLE LIMIT i ~-! ANYAUTO ' (Eaacciclent) $1 , 000 , 000 ALL OWNED AUTOS i , BODILY INJURY ! ! SCHEDULED AUTOS j ' (Per person) $ iX HIRED AUTOS I i BODILY INJURY [ ~ NON-OWNED AUTOS : (Per aocirlen,) $ - PROPERTY DAMAGE ! I i I (Per accident) $ , AUTO ONLY- EAACCIDENT $ ANY AUTO i I i OTHER THAN EAACC $ I i AUTO ONLY: EX~ESS LIABILITY CLAIMS MADE AGG $ ~ OCCUR ! ~ ! EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE [ i---- $ -- RETENTION $ I $ ~ WC STATU- OTH- WORKERS COMPENSATION AND I TORY LIMITS ER EMPLOYERS' LIABILITY I I E.L. EACH ACCIDENT $ I i E.L.DISEASE-EA EMPLOY $ :OTHER II I ; /E.L. DISEASE-POLICY LIMll~ $ ! ' I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS AD DE D BY ENDORSEMENT/SPECIAL PROVISIONS Re: Permit No. 99-161; 1725 Bucknall Road; All Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. (See Attached Descriptions) CERTIFICATE HOLDER J J ADDrnONALINSUREDilNSURERLET'rER: CANC~=II4TION Ten Day Notice for Non-Payment City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 ACORD25-S(7/97)1 of 3 #S331761/M331733 SHOU LD ANY OF THE ABOVE DESCRIBE D POUCIES BE CANCE LLE D BEFORE THE E~i~RATION DATE THEREOF,THE ISSUING INSURER WIL~AIL~ 0 DAYSWRI'rrEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE A~TIVE GALEBPAVI1 AKL e ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 3 #S331761/M331733 DES IlPTIONS (Continued from i .ge 1) PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSUR3~NCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY A_ND NOT CONTRIBUTING WITH THIS INSURANCE. AMS25.3(07197) 3 of 3 #S331761/M331733 POLICY NUMBER: KZB518105 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 Premium Basis Bodily Injury and Property Damage Liability Cost Location of Covered Operations See below Rates (Per $1000 of cost) Total Advance Premium Advance Premium (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 (called "additional insured" shown in the Schedule but only with respect to liability arising out of: A. "Your work" for the additional insured(s) at the location designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work" at the location shown in the Schedule. With respect to the insurance afforded these addit, io. nal insureds, the following additional provisions apply: , ^ A. None of the exclusions unoer L;overage except exclusions (a), (d), (e) (f) (h2), (i) and (m), apply to this insurance. B. Additional Exclusions. This insurance does not )ply to: "Bodily Injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (2) "Bodily injury" or "property damage" occurnng after: (3) (4) (a) All work on the project (other than service, maintenance, or repair(s)to beperformed by or on behalf of the additional insured(s) at the site of the covered operations has been com- pleted; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same project. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their em- ployees other than the general supervi- sion of work performed )=or the additional insured(s) by you. "Property damage" to: (a) Property owned, used or occupied by or rented to the additional insured(s); (b) Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 POLICY NUMBER: KZB518105 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued from page 1.) Re: Permit No. 99-161; 1725 Bucknall Road; Ail Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSUR3YNCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20 09 11 85 STATE COMPENSATION INSURANCE I=UND P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: O1 -O1 CITY OF CARPBELL~ 7.5 N, CENTRAL:; CAt~PBELL CA 9.5008 POLICY NUMBERi O48-O1 UNZT 0004'730 CERTIFICA~ EXPIRES O1~O1-O2 OEC I 2 ZOO1 n'~ ~rlON 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 30 days' advance written notice to the employer. We will also give you 30 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. EMPLOYER/S LIABILITY blMlT ZNCLUDING DEFENSE COSTS: $ ENDORSEMENT #2065 ENTTTLEO CERT1rF.rcATE HOLOERSi NOTZCE FORMS A PART OF TH'rS POLICY, 1,000i000.O0 PER OCCURRENCE, EFFECT.rVE 0'1,/0~/0~~S ATTACHED TO AND EMPLOYER GEORGE D GARCIA I NC JOSE CA 9.5] 12 GEORGE D GARC.rA .rNC PRINTED: 12-16-00 P0408 [ i[~! .Ze]:.~ljt~d =[ kN I I: I,;~..l:l :] ;Il =1 -J:~[ / / =[;t ~ I=[.] :7:TM [(~ ={.Ill gl~ ~; .... o^ OOMPENSATION I=U N D CERTIFICATE OF WORKERS, cOMPENSATION INSURANCE JANUARY 19, 2001 POLicY NUMBER: ~46~01 UNIT 0004730 CERTiFIcATE EXPIRES: 1,t~02 PUauc w°m(" CITY OF CAMPBELL 75 N CENTRAL ,.JAN 2 20 1 / 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. 30 This policy is not subject to cancellation by the Fund except upon t~ days' advance written notice to the employer. We will also give you ~(N 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 termsi exclusions and conditions of such poficies AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER' S LIABILITy LIMIT INCLUDING DEFENSE COSTS: 000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/19/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER i- GEORGE D. GARCIA INc. 643 KINGS ROW SAN JOSE CA 95112 George D. Garcia, Inc. GENERAL ENGINEERING CONTRACTOR 643 KINGS ROW, SAN JOSE, CA 95112 LICENSE NO. A-B 288236 Tel: (408) Fax: (408) 295-1053 1/26/01 To Whom it May Concern: Our Workers' Compensation Insurance, State Compensation Insurance Fund is in the process of changing their procedures in regards to our Certificates of Insurance. As of this date they are not sure if the Original Copies were ever sent out. Therefore I am resubmitting Original copies of our Certificate of Insurance for your records. I hope this has not created any problems. Please contact me if you have any questions or need anything further. Audrey F. Baron George D. Garica, Inc. FAX TO: Phone Fax Phone John T. Hills Construction Unit/ABD Ins. 301 Island Parkway, Ste 300 Belmont, CA 94002-4110 (650) 508-4319 (650) 508-4293 CC: I Date 10/4/2000 I 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 2 REM_ARKS: [] Urgent [] For your review Re: Insured: Galeb Paving Inc. Permit No. 99-161/1725 Bucknall Road [] Please Comment We have received the insurance certificate in connection with the above permit. After reviewing the ,certificate, we need to request the following minor addition to the certificate to meet our City insurance requirements. We would like to have the Permit No. and work location (1725 Bucknall Road), as shown above, added to the face of the insurance certificate. The edited certificate copy may be faxed to us at (408) 376-0958. A copy of the certificate follows for your reference. Thanks for your help in this matter PRODUCER Construction Unit ABD Ins. and Financial Services 301 Island Parkway, Suite 300 Belmont, CA 94002-4110 INSURED Galeb Paving Inc. 12372 s Saratoga-Sunnyvale Rd Saratoga, CA 95070 Client~: 35456 GALEBPAVI1 I DATE (MM/DD/YY) CERTIFIC - E OF LIABILITY INSI- ANCE , lo/o /oo 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. INSURERS AFFORDING COVERAGE INSURERA: Admiral Insurance Company INSURERB: Unigard Insurance Company INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [NSR LTR TYPE OF INSURANCE POLICY NUMBER A GENERAL LIABILITY A00AG09213 X COM M E R C IAL G E NE R AL LIABILITY CLAIMS MADE X OCCUR GEN'LAGGREGATE LIMITAPPLIES PER: POLICY X PRO- JECT LOC POLICY EFFECTIVE POLICY EXPIRATION DATE/MM/DD/Yyt DATE (MM/DD/YY) 09/15/00 09/ _5/01 LIMITS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/DP AGG !$1,000,000 ~$50, 000 ,~$5,000 !$1,000,000 1,2,ooo,ooo $2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO ALI, OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR DEDUCTIBLE RETENTION , CLAIMS MADE PX808871 09/z5/00 09/15/0 COM 'NEDS,NGLEL,M,T I (Ea accident) , BODILY INJURY RECEIVED, J (Per person, i BODILY INJURY ~ (Per accident) 0 C T 0 8 ZOO0 &OMIN~e?II4~O__~N PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE '$1,000,000 $ WORKERS COMPENSATION AND EMPLOYERS' IAABILITY OTIIER ! WC STATU- !OTH- ,TORY LIMITS I ER !E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES~XCLUSIONS ADDED BY ENDORSEMENT~PECIAL PROVISIONS Re: Permit No. 99-161; 1725 Bucknall Road; Ail Work in public right-of-way. City of Campbell, City of Campbell Redevelopment its officers, employees and volunteers are named as additional respects liability per CG 2009. (See Attached Descriptions) Agency, insureds as CERTIFICATE HOLDER AD D IHONAL ~qS URED; ~NS URE R LE TIE R: City of Campbell Attn: Dept. of Public 70 North First Street Campbell, CA 95008 Works ACORD25-S(7/97) 1 of 3 #S254920/M249996 CANCEI.I.&TIONTen Day Notice for Non-Payment SHOULD ANYOFTHE ABOVE DESCRIED POL[2~S BE CANCELLED BEFORE THE EXP~.ATK)N DATE THEREOF, THE ISSUING INSURER WILL.~g~,Xi~[.~,,~Si[MAiL3 0 DAYS WRITI'EN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,.~]~.~:~x JTH O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97) 2 of 3 #S254920/M249996 DESr ~IPTIONS (Continued from Pz 1) PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. REVISED. AMS25.3(07/97) 3 of 3 #S254920/M249996 POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES or CONTRACTORS (FORM A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NameofPersonorOrganization(Additionallnsured): City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 Bodily Injury and Property Damage Liability Premium Basis Rates (Per Cost $1000 of cost) Total Advance Premium Location of Covered Operations See below Advance Premium $ $ (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) s amended to include as an insured the person or organizat on (called "additional insured" shown in the Schedule but only with respect to liability arising out of: A. "Your work" for the additional insured(s) at the location designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work" at the location shown in the Schedule. With respect to the insurance afforded these addit, io. nal insureds, the following additiona provisions apply: A. None of the exclusions under Coverage A, except exc us ons (a) (d) (e) (f) (h2)-, (i) and (m), apply to this insu'ran~e. ' ' ' ' B. Additional Exclusions. This insurance does not ,p ly to: "Bodily Injury" or "property damage" for which the additional injured(si are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not app y to liability for damages that the additiona insured(s) would have in the absence of the contract or agreement. (2) "Bodily inju.r)/" or "property damage" occurnng ar[er: (3) (4) (a) All work on the project (other than service, maintenance, or repair(s)to beperformed by or on behalf of the additional insured(s) at the site of the covered operations has been com- pleted; or (b) That portion of "your work" out of which the injury or damage arises has been put to ~ts intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same project. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of the r em- ployees other than the genera supervi- sion of work performedTor the additional insured(s) by you. "Property damage" to: (a) Property owned, used or occupied by or rented to the additional insured(s); (b) Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or (c) "Your work" for the additional in- sured(s). CG20091185 POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued from page 1.) Re: Permit No. 99-161; 1725 Bucknall Road; Ail Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20 09 11 85 ~ ABD - Sacramenk ABD Ins. and Financial Service, Sacramento, CA 95825-4558 916-485-4500 * FAX 9164886149 SagiFAX Cover Sheet IF~ TO: Joanne D'Ambrosia 14083760958 F~FROM: John T. Hills ABD Insurance and Financial 916-485-4500 / FAX 9164886149 [FAX~TE: October 5, 2000 FAX TIME: 11: 12 am NUMBER OF PAGES (INCLUDING COVER): 6 Please see attached Certificate of Insurance. ACQBD.'CERTIFICAT" OF LIABILITY INSURAP ,E PRODUCER Construction Unit ABD Ins. and Financial Services 301 Island Parkway, Suite 300 Belmont, CA 94002-4110 INSURED Galeb Paving Inc. 12372 S Saratoga-Sunnyvale Rd Saratoga, CA 95070 PAGE DATE (M M/DD/Y~} 10/05/00 THIS CERTIFICATE IS iS~J~,, AS & MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T~E CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA:Admiral Insurance Company ,NSUR~R 6:Unigard Insurance Company INSURER C: INSURER O: tNSURER ~ THE POM(~E$ OF INSURANCE D~¥ED BELOW HAV~ BE~N ISSUED TO THE INSURED NAMED ABOVE FORTHEPOMCYPE~OO IND~ATED. NOTWITHSTANDING ANY REQUIREMENT, TERM Off CONDITION OF ANY CONTRACT OR OTHEE~ DOCUMENT W1TH RESPECT TO WHICH THIS CEF~FICATE MAY BE ISSUED OR MAY PERTNN. THE FNStJRANCE AFF(]RDED BY THE POU(~ES DESC~BED HER~N IS SUBJECT TO ALL THE TERMS, EXCLU~ONS AND COND~ON$ O~ SUCH POUCHES. AG~qEGATE UMFF8 SHOWN MAY HA~E B~EN REDUCED BY PND C~NMS. NSR POLICY EFFECTIVE POLICY EXPIRATION LTR T~PE OF INSURANCE POLICY NUMB ER DATEgMMiDD/~ DATE [M M/DD/~N1 LIMI~ A GENERAL LIABIMW A00AG09213 09/15/00 09/15/01 EACH OCCURF~ENOE $1,000,000 /f COMMERC~ALG~ALUAB~Lt~ FIREDAMAGE(A.y~.~m) $50, 000 t cL^,Ms M^D~ OCCUR MED EXPIA,~.~.~.~ '5, 000 PERSO,^~ADV~N~U,Y $1, 000, 000 GENERAL ^GGREG^~E $2, 000, 000 S EN'L ASSR E-GATE LI MiT APPLI ES PER: PRODUCTS -COM ~/O~ ASS $2, 0 0 0, 0 0 0 B AU___~MOBILELIABILIT~ PX808871 09/15/00 09/15/01 COMBINEDSINGLELIMIT I$1 000 000 X ANYAUTO E~a~cldent) , , __ ALL OWNEDAUTOS BODILYINJURY SCH EDU LED AUTOS (Per person) _~X HIRED AUTOS BODILYkNjURy $ X NON-OWNED AUTOS Per e~ident) PROPERTY DA MAG E $ -- Per GARAGE LIABiLiTY AUTO ONLY- EA ACCIDENT$ ANYAUTO OTHER THAN EA ACC AUTO ON LY: AGG$ EXCE~S LIABILITY EACH OCCURRENCE $ iOCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WC STATU-I OT~- WORKERS COMPENSATION AN D TORY L MITS I ER EMPLOYERS' LIABIL~TY ~L. EACH ACCIDENT ~ L. DIS EAS E-EA EMPLOYEE E. L. D~SEASE-POLICY LIMIT $ O?H ER DE~CRtP~tON OF OPERATIONS/LOCA?tONS/¥EHICLE$/EXDLU$1ONS ADDED BY EN DORS EM EN?/SPECIAL PRO¥ISlONS Re: Permit No. 99-161; 1725 Bucknall Road; All Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. (See Attached Descriptions) CERTIFICATE HOLDER I I ADDI~ONAL INSURED; INSURER LETt'E~ CANCELLATiON Ten Dav Notice for Non-Payment City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 ACORD2S-S(?/97)i of 3 #S254920/M249996 i SHOU LDANYOFTH E ABOVE DESOR~ BED PO LlCl E~ B ECANCEL LED BEFORETH E EXPfRA'I1ON I DATETHEREOF, THEISSUING INSURER WILL~g~I~[MAiL_~ 0 DAYSWRIT~EN NOTICE TO TH E C ERTIF1CATE HO LD ER NAM ED m TH E L EF~,~]~I[]IJ~[X A UTH~.RIZ ED R EPR IE~ ENTATIV E e ACOFID COflPOflATION lg~8 SAGtFAX 1D~OSJl 00 ll:12AM AB ~ INSURANCE AN D FINANCIAL PAGE IMPORTANT ff the certificate holder is an ADDmONAL INSURED, the policy(ies)must be endorsed. A statement or~ this certificate does not co~fer rights tothe certificate hotder in lieu of such endorsement(s). ff SUBROGATION IS WAIVED, subject to the terms and conditionsofthe policy, certain policies may require an endorsement. A statement on this certificate does not co~fer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance o~ the reverse side of thisform doesnot constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded bythe policies listed thereo~. ACORD2S-S(?I~)2 of 3 #S254920/M249996 .4A~IFAX l 0/C~.~/100 11:t2AM AB D INSURANCE ~N ~ FINANCIAL PAGE PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. REVISED. A~S~s(~/sD 3 of 3 %S254920/M249996 10/05/100 ll:12AM ABDINSURANCEANDFINANCIAL PAGE 4 POLICYNUMBER: A00AG09213 COMMERCIAL GENERAL LIABILI'I'~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 Premium Basis odily Inj_ury and roperty Damage Uability Cost Rates Total Advance Premium Location of Covered Operations See below Advance Premium $ $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable lo this endorsement.) 1. WHO I$ AN INSURED (Section II) is amended to include as an insured the person or organization (called "additional insured" shown in the Schedule but only with respect to liability arising out of: A. "Your work" for the additional insured(s) at the Ipcation designated_above, or .... B. Acts or omisslqns, ot the addifiona insureo[s) in cgnnection with their general s.upervisiop ot "your work" al the location shown in the Sctiedule. 2. With res .pe..ct. to the in.sum, n.,ce afford.ed these, additional insu.reds, the re,owing additions provisions .apply: A. None of fhe exclusions under Coverage A, ex.cept exdusi.0ns (a), (d), (e), (I), (h2~ (i), and (m), .apply to this insurance. B. Additional Exclusions. This insurance does not p lv to: . . ,, '.'Bod~y Inj.u.?y" qr.ip, rop.erty clan~_,.age Tot winch [ne aooitiona insureo[s) are . obligated to p..ay d..mTtages by .reason of the assumption of hability ~n a cgn[rac[ or agreement. This excausion aoes not apply to liability for damages that the additiona . insure~(s) would-have in the absence of the contract or agreement. (2) "Bodily injun~' or "property damage" occumng a~er: (3) (4) (a) All work on the project (other than service, maintenance, or repair(s) to be. perfor.med by or on behklf of t_h.e additioqal insured(s) at the site ot the covered operations has been com- Dieted; or (b) Th. at pqrtion of "you[ work" out of. ,wnichthe inj.ury 9r o_,am, age a, rises has peen put to Rs In[enoea u.se oy any pe. rson or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same p~ject "Bodily injury: or "property damage".. ar!s.i,.ng o,ut oT any,,ac, t or omiss, io. n o1 the a.¢dit~ona !nsu[ea[s)or any ot their em- ploye~s, other than the Aaneral sup. ervi- , sion of work performed-for the adi:lifiona! insured(s) by you. "p[op_erty damage" tp: , ,, (a) Property owned, use(] or ,occupieo Dy or rent~kl to the edditional insured(s); (b) Prope. rt¥ in the care, custody, or con- trol of t~e.additional insur.ed(s) or ove.r which the additional !n.sured. (s) am. ~or any. purpose exercising pnys- ical control; or (c) "Your work" for the additional in- sured(s). CG 2009 11 85 SAGIFAX 10,/0.5/100 11:12AM AB D tNSURANGE AN D FINANOIAL PAGE POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued from page 1.) Re: Permit No. 99-161; 1725 Bucknall Road; Ail Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 2009 1185 C±±ent~: 35456 GALEBPAVI1 ACORD, PRODUCER' Construction Un±t ABD Ins. and Financial Services 301 Island Parkway, Suite 300 Belmont, CA 94002-4110 INSURED Galeb Paving Inc. 12372 S Saratoga-Sunnyvale Rd Saratoga, CA 95070 CERTIFICP-"E OF LIABILITY INSIqANCE DATE,MM D,VYI o/o4/oo I 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. INSURERS AFFORDING COVERAGE INSURERA: Admiral Insurance Company [NSURERB: Unigard Insurance Company INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN~ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OI MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI- POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE iPOLICY EXPIRATIONi LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) ' DATE (MM/DD/Yy) LIMITS A GENERAL LIABILITY A00AG09213 09/15/00 09/15/01 X COM M E R CIAL G E NE RAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMITAPPLIES PER: POLICY X : PRO JECT LOC AUTOMOBILE LIABILITY X ANY AUTO B ALI. OWNED AUTOS SCttEDULED AUTOS X HIRED AUTOS .X NON-OWNED AUTOS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/Op AGG GARAGE LIABILITY ANY AUTO PX808871 09/~5/00 '09/~5/0~ COMBINED SINGLE LIMIT (Ea accident) RECEIVED , o' 0 C T 0 g Z000 i BODILY INJURY {Per accident) ' PROPERTY DAMAGE PUBLIC WOFIK ~L<p ..... idem) AUTO ONLY EA ACCIDENT OTHER THAN EA ACC EXCESS LIABILITY OCCUR DEDUCTIBLE RETENTION CLAIMS MADE WORKERS COMPENSATION AND EMPLOYERS' [.lABILITY AUTO ONLY: OTHER EACH OCCURRENCE AGGREGATE AGG i$1 000 000 $50,000 [$5, 000 $1,000, 000 $2, 000, 000 $2,000,000 $1, 000,000 $ $ $ $ $ ,$ '$ WC STATU iOTH- TORY LIMITS ER E.L. EACH ACCIDENT ! $ E.L DISEASE - EA EMPLOYEE i $ E.L. DISEASE - POLICY LIMIT i $ DESCRI~ION OF OPERATIONS/LOCATIONS/VEHICLES~XCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. (See Attached Descriptions) CERTIFICATE HOLDER AD D ILION AL INS URED; ~N!S URER LETIER: City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 ACORD25-S(7/97) 1 of 3 #S254634/M249996 CANCELLATION Ten Day Notice for Non-Payment SHOULD ANYOF THE ABOVE DESCRIED POLICES BE CANCELLED BEFORE '/liE EXP~.ATION DATE THEREOF, THE ISSUING INSURER WILLXl~i~.E~[~[IMAIL3 0 DAYS WRITFEN NOTICE TOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,.~I~,~ii[21~ij'~.~t~i~[~i~x JTH o ACORD CORPORATION 1981 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97) 2 of 3 #S254634/M249996 DES¢ 'IPTIONS (Continued from Paf 1) PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. AMS25.3(07/97) 3 of 3 #S254634/M249996 POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NameofPersonorOrganization(Additionallnsured): City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 P~mium Basis Bodily Injury and Property Damage Liability Cost Location of Covered Operations See below Rates (Per $1000 of cost) Total Advance Premium Advance Premium (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to th s endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization (called "additional insured" shown in the Schedu e but only with respect to liability arising out of: A. "Your work" for the additional insured(s) at the location desig.nated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of "your work" at the location shown in the Schedule. 2. With respect to the insurance afforded these additional insureds, the following additional provisions apply: A None of the exclusions under Coverage A, except exc us ons (a), (d) (e) (f) (h2)-, (i) and (m), apply to this insurance. ' ' ' ' B. Additional Exclusions. This insurance does not )p ly to: "Bodily Injury" or "property damage" for which the addibonal insured(s) are obligated to pay damages by reason of the assumption of liability ~n a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (2) "Bodily inju~' or "property damage" occurring a~zer: (3) (4) (a) All work on the project (other than service, maintenance, or repair(s)to beperformed by or on behalf of the additional insured(s) at the site of the covered operations has been com- pleted; or (b) That portion of "your work" out of which the injury or damage arises has been put to ~ts intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the same project. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their em- ployees other than the general supervi- sion of work performed for the add tonal insured(s) by you. "Property damage" to: (a) Property owned, used or occupied by or rented to the addit onal insured(s); (b) Property in the care, custody, or con- trol of the additional insured(s) or over which the additional insured(s) are for any purpose exercising phys- ical control; or (c) "Your work" for the additional in- sured(s). CG20091185 POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued from page 1.) Re: Ail Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20 09 11 85 SAGIFAX t0/04~100 12:ITPM ABDI~-~J_~N~INAk~[~A~:JO %3~l,t"~J~JfZ-~,~J.J. PAGE I · AGORD CERTIFICAT" OF LIABILI INSURANmE PRODUCER I ~lS C~TIFI~TE IS I~ ~ A ~ ~ INF~TI~ Construction Unit ~ ~LY ~ ~S NO RI~ U~ ~E C~TIFI~TE H~. ~IS C~TIFI~TE DO~ N~ ~D, ~D ABD Ins. and Financial Services ~T~ ~E ~E ~O~ ~ ~E ~cm~ s~. 301 Island Parkway, Suite 300 Belmont, CA 94002-4110 ~ .~OO~~)q IN~R~S~F~DING~AGE ~[~% Paving I~c. ~ ~O~.~W~su~:A~iral Insurance Company  ,.s~s:Unigard Insurance Company 12372 S Saratoga-Sunnyvale Rd Saratoga, CA 95070 ~ ~ I COVERAGES ]]-IE POMC~EGOFINSUI%I%NCE USTED BELOW HAVE BE~4 ISSUED TO THE INSURED NAMED ABOVE FORTHEPOUCYPERIOO INDICATED. NOTWITHSTANDING ANY F4EQUIFE~MENT. TERM OR CoNDmoN OF ANY CONTRAC'r OR OTHER DOCUME~IT WITH RE,SPECT TO WHICH THIS CER~FICATE MAY BE ISSUED OR MAY PERINN, THE INSURANCE AFFORDED BY ~HE POUCHES DESCRIBED HEREIN IS SUBJECT TO ALL ~q-lE TEl%MS, EXCLUSIONS AND CONDmON$OF SUCH POUCIES. AGGREGATE UMITS GHOWN MAY HAVE BEI::N REDUCED BY PAID CL~M$. .eR .OL,O~EF.EO,,VE LTR TYPE OF INSURANCE POLICY NU M BER DATE[M M/DD/Y~ DATE [M "/DD/Y~J A GENERAL LIABILITY A00AG09213 09/15/00 09/15/01 EACHOCCURR/NCE $1,000,000 X COMMERC~ALSENERALUAS~UTY FIREDAMAGEIA,y~efi~) $50, 000 .~RSO~^~^DV'N~URY $1, 000, 000 -- GENERA~ ASGR~ATE $2, 000, 000 ~i EN'L AGGREGATE LI MIT APPLI ES PER: PRO DUCTS -CO MPtOP AGG $2 , 0 0 0 , 0 0 0 ----] POLICY ~-~PRO- SECT ~ LOC B AU,OMOS,'E.AS~UW PX808871 09/15/00 09/15/01 COM~,NEDS,NSLEUM,T i$1 000 000 -- ES. s.cc~dent) , , X ANYAUTO ALL OWNED AUTOS BODILYINJURY $ -- ~r person] SCHEDULED AUTOS X HIRED AUTOS BODILYINJURY $ X NON-OWNED AUTOS Per s.ccidenl) PROPERTY DA MA~ E $ Per ar~cldent) GARAGE LIAB1LIFt' AUTO ONLY - EA ACCIDENT $ ANY AUTO OTH ER THAN EA ACC ~UTO ONLY: AGG EXCEl, LIABILITY EAOH OCCURRENCE S '----] OCCUR ~ CLAIMS MADE i AGGREGATE $  DEDUCTIBLE $ RETENTION $ $ ..., WC STATU*I OTH- WORKERS COMPENSATION AND TORY LIM TS I EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ EL. DiSEASE-FA EMPLOYEE $ E.L. DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are named as additional insureds as respects liability per CG 2009. (See Attached Descriptions) CERTIFICATE H3~_ _hER I ADDITIONAL IN~URED; INSURES LETTER: City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 ACORD2S-$(?RT) i of 3 #S254634/M249996 CANCFJJ-ATION Ten Day Notice for Non-Payment SHOULD ANYOF TH E ABOVE D E~CRI S ED FO LICI ES S E ~N CEL LED BEFORE TH E DATE TH ER EOF, TH E i$9 UiNG iNSU R ER Wi LL:XFJ~Ij]~[2~I[MAI L~ ~ DA~ WRITTEN NOTIC ETOTH E CERTIFICATE AT~.~ZED REPRESENTATIVE jT}{ e ACORD CORI:~:~ATION 1~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the termsand conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thisform doesnot constitute a co~3tract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pdicies listed thereon. ACORO2S-S(?tST)2 of 3 #S254634/M249996 SAGIFAX IO/04JIOD 12:17PM ABDINSU~ANCEANDFINANCIAL PA~E 5 POUCY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued from page 1.) Re: All Work in public right-of-way. City of Campbell, City of Campbell Redevelopment Agency, its officers, employees and volunteers are na~ed as additional insureds as respects liability per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20O9 11 85 SA~AX 10/04,/100 1~:17P~ AE~DINSURANCEANDF~NANCIAL PAGE 4 POLICY NUMBER: A00AG09213 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE I:K)LICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name o! Person or Organization (Additional Insured): City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell, CA 95008 Premium Basis pBOdily Injury and roperty Damage Liability Cost Rates Total Advance Premium Location of Covered Operations See below Advance Premium $ $ (If no entrv app~.m, abo.va, information required to complete this endorsement will be shown in the Declarations as applica131e to this enaorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization (called "additional insured" shown in the Schedule 5ut only with respe~.t to liability arising out of: A. "Your work" fbr the additional insured(s) at the Ipcation desi[;inated above, 9r ..... B. Acts or omiss~ns of the additiona insurea[s) in connection with their gerre~al s.upervisio.n of "your work" at the location shown in the ScHedule. 2. With resp.e~.t to the in.su ,r,a~,ce afforded these. additiona insureas, the following additiona provisions .apply: A. None of t11e exclusions under Covetable A, except exclusions (a), (d), (e), (f), (h2~ (i), and (m), .apply to this insurance. . B. Additional Exclusions. This insurance aoes not p l¥ to: "Bodily Ipjury" or "pro~..~y dam~e" for wlilc~tl~ addition-a insured(s') are . obligate.q, to p..ay .d.a_.r:r~ges by reason of the assump[ion of haDility m a cqntract or . a~lreement. This exctusion does not apply to liability for damacles that the additional . insure~ (s) would'have in the absence of the contract or acireement. (2) "Bodily injur~ or "property damage" occurring a~er: (3) (4) (a) All work on the project (other than ~ervic~., main,te~nance, qr~ ~p,a. ir(.s),_to oePenor,m, eo oy or on oanaT or'InC. additio ,ne insur~l(s) at the site of the coverea operations has been com- pleted; or (b) Th.at pqrtion of "your work" o~ of ~wnichthe injury 9r d~am~age a,_nses has peen put to ns m[enoea use oy any i~_.rson or organizatio .n other than an- other contractor or subcontractor engaged i,n performing .operations for a principa as a part of the same p jact. "Bodily inJu~' or "property damage" ar!s.i..ng o-.ut of any ,act or omiss, iqn of the a.(I. (lit~ona insured[s~l or any ot their em- ploye~s, other than the ~laneral supervi- sion of work performed-for the additional insured(s) by you. "Property damage" to: ~ ,, (a) Property ow.n~ed, ~..eq. or 9ccupie?, o,y or rented to [ne additiona insurea[s); (b) Propertv in the care custodv, or con- trol of til~.~.additio~ ins~J~J'(~) or ove.r wnich the additiona !n.sure~. (s) are for any. purpose exercising phys- ical control; or (c) "Your work" for the additional in* sured(s). CG 2O09 11 85 A PA~ E 3 ~A~FAX 10/[~4/100 ~a ?F'M At~E) N$~R&NGEA~DF~AN~ ~ , . ::::::::::: :::: ...... ::: :::::?:::: :~: ::::~: : ::¥.::~:.::: :::::~::::: :::::::~ ::: :: :.:::::: : :: :::: ::: ::: ::::: : :: :::: ~::: ::. :::~:.:;:: ~::~ [~SO~C~ ~[~[~D ~Y ~ ~DD[~[O~ [~S~EDS S~ B~ EXCESS O~Y ~D NOT CONTRIBUTING WIT~ ~HIS INSU~CE. AMS~3(OT/S7) 3 of 3 9S254634/M249996 Construction Uni[ ABD Ins. and Financial Service, Belmont, CA 94002-4110 SagiFAX Cover Sheet FAX TO: Chuck Gomez Public Works, City of Campbell 14083760958 FAX FROM: John T. Hills ABD Insurance and Financial FAXDATE: October 4, 2000 FAXTIME: 12: 17pm NUMBER OF PAGES (INCLLIDING COVER): 6 Please see attached Certificate of Insurance. FAX TO: ~ Phone Fax Phone Dan Bozzuto Bozzuto & Associates, Inc. 3425 S. Bascom Ave. #100 Campbell, CA 95008 (408) 377-8712 (408) 377-S741 CC: I Date 10/4/2000 I 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 Re: Insured: Galeb Paving Inc. Permit No. 99-161/1725 Bucknall Road [] Please Comment We have received the insurance certificate in connection with the above project. After reviewing the certificate, we need to request the following changes be made to the certificate to meet our City insurance requirements or have a question on one of the following items: ~)¢ ~'i. We require a "Waiver of Subrogation" in connection with the Workers' Compensation coverage. F~' The A.M. Best rating for the insurer, HIH America, is B+:VI according to the A.M. Best website. Our insurance requirements state that the contractor's insurance be issued by an insurer with a current AM Best Rating of at least A:VII. A copy of the certificate follows, aswell as copies of the applicable section(s) of our insurance requirements, for your reference. Thanks for your help in this matter. Please call me if you have any questions concerning my comments. ACORD. CERTIFICA E OF LIABILITY INSUi ANC .. _2 I DATE,MM,0D ', - 3.0/04/00 PRODUCER Bozzuto & Associates, Inc. 3425 S Bascom Avenue #100 Campbell CA 95008 Phone:408-377-8712 Fax:408-377-5741 INSURED THIS CE.~[TiFICATE IS ISSUED AS A MAi i ~-R 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. INSURERS AFFORDING COVERAGE INSURER A: HIH America INSURER B: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY r-I-I-bCTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE IMMIDD/YY} LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ ! CLAIMS MADE I ! OCCUR MED EXP (Any one person) $ PERSONAL &ADV,.JURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS * COMP/OP AGG $ I POLICY ~-~PRO' JECT [-~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (La accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ _.~ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ $ DEDUCTIBLE $ RETENTION $ $ ~ I WC STATU- I OTH- WORKERS COMPENSATION AND ~" I TORY LIMITSI ER A EMPLOYERS' LIABILITY ~]'0701-0000350 3.2/31/99 12/31/00 E.L EACH ACCIDENT $ I, 000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ I f 000 ~, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Galeb Pavigg In~. . INSURERC: [2349 Sara~o~gi~nnyva£e Road INSURERO: =ara=oga ~ ==u/u i I INSURERE: PUBLIC WORK8 COVERAGES ADMINIITR&~!O__~.. CERTIFICATE HOLDER I N [ ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Campbell Attn: Dept. of Public Works 70 North First Street Campbell CA 95008 CAMPBEL ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH.~FT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY~]PON THE INSURER, ITS A~ OR Dan ,ozzuto ~'~9' ~4~/ IN~JR~D 2000-11 '56AM ...................... No.1331--~P. L;IEI. C, I Ir:ICAT" OF LIABILITY INSURA~C ~-~ ! &VlU'~lU~ THI~ CERTIFICATE I~ I~SU~.,. A~ A MATTER OF INFORMATION 8~ Pavi.ng Xng. _ ONLY AND CONFER~ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAqlE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAOIr mE POU~B OF ~URANCE U&~eU BELOW HA~E BEEN ISSUED TO THE I~ ~O ~ FOR ~E P~'PERIOD tND'I~D''-- -- G~ L~ E~ ~U~E~E HJ~ ~08 I~ILY ~URY ~e ~ ~TO ONLY A~ ~LY;  O~DU~IBL~ A E~L~ ~701-0000350 12/31/99 12/31/00 EL ~.~Cl~ Sr Oct. 4. 2000 ]]'55AM No.133] P. ] db Bozzuto Insurance Agenc.v. Inc. 3425 S. Bascom Avenue, Suite 100 Campbell, CA 95008 (408) 377-8712 (800) 989-8712 Fax (408) 377-5741 Certificate Dept. -EmaH: nieole~dbinsurance, com Date: To: Fax Cover Sheet Nicole-Cert. Dept. Change Request . ~ Copy for your records/Per your request Certificate of Insurance Additional Insured Endorsement Waiver of Subrogation Please Imsue Certificate/Al endorsement ~riginal will follow via Mail ert. to Insured Holder Please sign and return Additional Information: Galeb Paving, Inc. General Engineering Contractors DATE: PAGES: FAX: TO: Attn: CC: FROM: Dear Chuck; 12372 Saratoga-Sunnyvale Road, Saratoga, CA 95070 Telephone (408) 253-47471 Facsimile (408) 253-4753 FAX MESSAGE October 4.2000 coversheet /'"f'~ 408-376-0968 Chuck Gomez, City of Campbell Chuck Gomez , Peggy Gateb RE: Insurance for City of Campbell, Please find attached Certificates of Insurance per your request, Thankyou. FYI ONLY ~ PLEASE REPLY URGENT-RESPOND ASAP __ PLEASE ACKNOWLEDGE RECEIPT BY CALLING ~ a6ed :~0:~ 00-t,-~o0 !gBZl~g;~ ;3NI 9NIAV:J 83~V9 :AB 1uss 4. 2000..12:03PM ~cnm2. CER'FIFICA~ OF Ll_.4~i31LrrY NO. [omnt. o & JdfOO.~li'iOl; lnO. ~: &00-3'7900'11.~ ltdm s &t.t:n: I:M,p~,. of Iqd).l.:Le mits BIPOISI~ OBLtldffU~ ~ a6ed !80:~ 00-~-1o0 !gGZ~g~g !3NI 9NIAVd ~]3V9 :AB luas ACORD,. CERTIFICATE OF LIABILITY INSURAHCE, ,, ! Construction Unit ABD Ina. and Fin&ncial Services 301 IBland Parkway, Suite 300 Bel_Mnt, CA 94002-4110 I~l~UlGO Galeb Paving Znc. 12372 S $&ratoga-sunnyvale ltd Sagatoga, CA 9S070 PA~E I DAT i W 10/04/00 ,~umm~;kdmiral Insurance Con, any ,,~,,~ i, uni~rd /nsuran~ Com~an~ 8%'L~RmATEOmT~mP~ ~ ~,~ ~ 02,000,000 R ~vo~otLmt~miuw PX808871 09/15/00 09/15/01 ~Ue~II~L[LIM'T '1 t 000 , 000 ,ALL~NE~AU~ ~OILY I~U~ ~OHEDULEDAU~ X HIREO AU~ 6ARAIE LtAIILI~  A~&UTO OTH~ T~M ~&~ .' OE~GnBLE ~: All work ~n public rzgh,-o~-way, czcy oz u~puuz~, City of c~pbell R~e~lo~en~ Age.y, i~8 o~ficers, ~loye~s a~ ~lun~eers are n~ as a~tttonal insureds as rGspe~s li~ility per CG 2009. (See xttach~ Descri~ion8) Attfl: DepC. of Public Works C~pbell~ ~ 95008 d~m2~s.s~/~l ot 3 #S254634/M249996 d~ · abed !CO:~; 00-~-1o0 !CGZ~,CG~ -~3NI 9NIAVd 83'1V9 :AG luas Ac~.,,/g~)2 o~ 3 #S254634/K2d~996 Z/t, alSe~ :E~O:~ O0-t,-),oO ~C]Zl~C]~ :3NI ONIA~/d 8:l'lYO :AB ~.uas Z/S e6ed ~0:8l 00-~-100 !~SZ~§8 !ONI gNIA~d B3]~9 :~g lue$ P&f~S 4 ~;A~PFAX 1~,/04/10~ ~ ~.1~1 AeO tM~uRANOK ANDI;INANes&L POLICY HUMBER:. &0 0AG0 g 213 CC)MME~ GENERAL lIABILITY THIS EHOO;~EII~ CHAKE1 T~E ICUCY. KIASI IIUD IT CAREFULLY, ADDITIONAL INSURED- OWNERS, LESSEES or CONTRACTORS (FORM A) City of Core, bell 70 North Firet street campbell, CA 95008 Pm~um $ $ ~Lolentic~~ m)~tm~M~, iOn required m complele this endorsemenl wll be sltown In the DeclwMiom ~, (d). ) to thb in~um'K~. mW ilm eeduslon dcm., .nm apply to kmumi:l(m) ~ In the mm~-,:~ ol um (1:)) ~or CG 20CEi t1 95 Z/O a§ed !PO:~ 00-~-~o0 !CGZ~Tgg ~DNI ONIAVd B~qVO :AB ~uas SAelFA~( t (~4Jt DO ,~ :~,'~4P, M ABO~rRAN~E ANO FI~dA#~& L POU~Y NUMBER: &OOAGO9213 ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM A) (Continued fro~ p=qe 1. ) Re: ~.11 Work in public r£qht-o~-vay. C~ty o~ c~be~l, C~ty o[ c~bell R~evelo~ent ~ge~, 1ts o~ers, e~ployees and volunteers are n~ed as ~d[tio~l insu~s as respite li~tlity per CG 2009. PRIMARY WORDING: IT IS UNDERSTOOD AND AGI~ED TNAT THIS INSURANCE IS PRIMAliY AND ANY OTHER INSURANCE NAZNTAIN~D B~ THE ADDITIONAL ~NSU~DS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH TNZ$ INSUga%N~E. Z/Z a§e~ !~0:~ 00-~-1o0 ~C~Z~C~ !JNI 0NIAVd B3]V0 :AB lua$ WORKER'S COMPENSATION INS~~ INFO~TION' The following worker's compensation insurance information is required for ull Applicants and Contractors. One of the following items for each Applicant and Contractor must be submitted prior to working under a Public Works permit or contract. \"T-zonE 't:?%~,';:,¢L,tc_ t- tc,'~. \_, WORKERS' COMPENSATION INFORMATION: Name of Contractor/Applicant A Certificate of Consent to Self-Insure issued by the Director of Industrial Relations; OR A Certificate of Workers' Compensation Insurance Insurance Co. Policy No. Expiration Date ; ,OR A signed Certificate of Exemption from the Workers' Compensation laws as printed below. CERTIIqCA'rE OF EXEMPTION I certify that in the performance of the work for this contract, I shall not employ any person in a manner so as to become subject to the Workers' Compensation Laws of California. Signed ;/~'t=-'t--._::~ .~-4: · ',... ,, '~ t (.-~. C - ~ 1.5.--_ ~' c; ' - Date '-~ NOTICE TO APPLICANT/CONTRACTOR: If after signing this Certificate of Exemption, you should become subject to the Workers' Compensation provision of the Labor Code, you must forthwith comply with such provisions Or the Permit or Contract will be cancelled or revoked. j:\forms\workcomp(rev6/96) November 2, 2000 REcEivED NOV o 3 zooo PUBLIc WORK8 Mr. Alan Ham Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 Dear Mr. Ham: Subject: Permit Amendment for Site Improvements at 1725 Bucknall Road, Campbell--Project 99-161 The Santa Clara Valley Water District (District) does hereby amend Permit No. 00953 issued on October 4, 2000. The amendment is issued for the following: Installation of 37.5 lineal feet of 6-inch diameter ductile iron pipe with hot dip bituminous coating sanitary sewer lateral crossing under the District's Campbell Distributary. This permit amendment shall expire 1 year from the date of issuance of the original permit, which is October 4, 2001. This amendment is to be kept with the original permit and a copy of both the original permit and this amendment must be kept at the construction site during construction of this project. The special provisions associated with the previously-issued permit shall apply for all identified improvements in addition to the following special provisions: o The portion of sanitary sewer crossing under the District's Campbell Distributary must be constructed using a continuous section of ductile iron pipe with hot dip bituminous coating centered under the District's line. The section of continuous pipe must extend a minimum of 4 feet beyond the outside of the Campbell Distributary on both sides. Permittee must contact the District's inspector and arrange for him to be present during the installation of the sanitary sewer crossing under the District's Campbell Distributary. Please reference District File No. 25245 on further correspondence regarding this matter. The 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. Alan Horn 2 November 2, 2000 If you have any questions or need further information, you can contact me at (408) 265-2607, extension 2253. Sincerely, Sue A. Tippets, P.E. Engineering Unit Manager Community Projects Review Unit CC: Planning Department City of Campbell 70 North First Street Campbell, CA 95008 Mr. Marko Duchich 875 Emory Avenue Campbell, CA 95008 Galeb Paving, Inc. 12372 Saratoga-Sunnyvale Road Saratoga, CA 95070 Mr. Steve Arnold 1671 The Alameda, Suite 305 San Jose, CA 95126 WEST VALLEY SANITATION r""'TRICT SANTA CLARA COUNTY 100 E. Sunnyoaks Ave., Campbell, CA 95008 (408) 378-2407 Issue Date SEWER CONNECTION PERMIT NUMBER 33311 , LOCATION: teOl~ TIo M A.P.N. Z~O~- Sewer Location: Bk. Tract Lot Proj Assmt. Jurisdiction ~'A///eSE/-/- BUILDING TYPE: V~ Single Family __ Condominium/Town Houses __ Multiple Dwelling Number of Units __ Commercial __ Industrial Other Information: ~fE ~ //O//~ Change in Status: FEES: Acreage Frontage Service Advance Processing Other: Capacity TOTAL Disposition; INSTRUCTIONS: 3 =J3/o BUILDING SEWER CONNECTION: ~ Feet of line feet from Main Sewer and __ feet deep. Connection to Main Sewer Feet upstream from M.H. Using BACKFLOW PROTECTION: Field Check Required Call District for foundation survey Device Required; Yes Type: Property Street encroachment permit required from CA[/-/~Of"~ ~/. L- Permit invalid if not connected within 12 months of issue. Do not connect until main sewer is accepted by District. Obtain a building or plumbing permit from the jurisdiction listed above. Nom WHITE - PERMIT / PINK - DISTRICT / YELLOW - JURISDICTION BUILDING INSPECTOR'S COPY / CARD -DISTRICT COPY WEST VALLEY SANITATION DISTRICT SANTA CLARA COUNTY 100 E. Sunnyoaks Ave., Campbell, CA 95008 (408) 378-2407 Issue Date SEWER CONNECTION PERMIT NUMBER 33310 LOCATION: FO R,7'~ ~ Sewer Location: Bk. ~ Pg. Tract Lot Proj. Assmt. Address: 1'72 I ~I/¢RIVAL~ Jurisdiction ¢ BUILDING TYPE: ~/'Single Family __ Condominium/Town Houses __ Multiple Dwelling Number of Units __ Commercial __ Industrial Other Information: ME I~' Change in Status: FEES: Acreage Frontage Service Advance Processing Other: /e/.,~A/ v' Capacity TOTAL Disposition; GO Zone RL SJ INSTRUCTIONS: 2 ~o. 00 2. 5 ~O, 63 '3 mz .63 BUILDING SEWER CONNECTION: __ Feet of line__ feet from Main Sewer and feet deep. Connection to Main Sewer Feet upstream from M.H Using Property BACKFLOW PROTECTION: Field Check Required Call District for foundation survey Device Required; Yes No__ Type: Street encroachment permit required from Permit invalid if not connected within 12 months of issue. Do not connect until main sewer is accepted by District. Obtain a building or plumbing permit from the jurisdiction listed above. E P L..A C E I°E l':C f"/ / 7" 2o626 WHITE - PERMIT / PINK - DISTRICT / YELLOW - JURISDICTION BUILDING INSPECTOR'S COPY / CARD -DISTRICT COPY WEST VALLEY SANITATION DISTRICT SANTA CLARA COUNTY 100 E. Sunnyoaks Ave., Campbell, CA 95008 (408) 378-2407 Issue Date SEWER CONNECTION PERMIT NUMBER 33312 LOCATION: t°O/~ 7',ON A.P.N. ~- ~O Sewer Location: Bk. ~A Pg. .~ Tract Lot Proj Assmt.. Address: 172 9 8UCI~IVALL I~!~ Jurisdiction ¢,4/tP~E L t- BUILDING TYPE: v~ Single Family __ Condominium/Town Houses __ Multiple Dwelling Number of Units __ Commercial __ Industrial Other Information: ~ vV' ~IO~IE Change in Status: FEES: Acreage Frontage Service Advance Processing Other: Capacity TOTAL Disposition; GO Zone I RL [SJ INSTRUCTIONS: BUILDING SEWER CONNECTION: __ Feet of line feet from Main Sewer and ~ feet deep. Connection to Main Sewer Feet upstream from M.H. Using Property BACKFLOW PROTECTION: l.-~'Field Check Required __ Call District for foundation survey Device Required; Yes__ No__ Type: o Street encroachment permit required from ~-~//~0~ L. L o Permit invalid if not connected within 12 months of issue. o Do not connect until main sewer is accepted by District. o Obtain a building or plumbing permit from the jurisdiction listed above. WHITE - PERMIT / PINK - DISTRICT / YELLOW - JURISDICTION BUILDING INSPECTOR'S COPY / CARD -DISTRICT COPY NOTE TO ENCROACHMENT PERMIT FILE #99-161: Encroachment permit main file was misplaced for a time during early, 2001, so file was recreated. Original main permit file was recovered again in 9/2001 so original and recreated file were merged. Joanne D'Ambrosia 9/20/01 City of Campbell Department of Public Works CROACHMENT PERMIT ISSUANCE C! ~.K LIST Encroachment Permit No.~l<Z~[. -- ~ Tract No. ITEMS REQUIRED FOR PERMIT APPLICATION: "Bo'7_sr~V~iApplicant section complete -'2~-~-lq Applicant signature and~date (front and back) -',~_7.xl-,q~ Permit Application Fee $245.~ paid- Receipt Number Engineer's Estimate Submitted 'z~ ~ ¢4qPlan Check Deposit Paid (2 % of Engineer's Estimate, $500 min) Receipt Number ~'~--~..c.~oeFive Sets of Improvement Plans Submitted ITEMS REQUIRED PRIOR TO PUBLIC WORK CLEARANCE FOR BUILDING PERMITS -f--7-O,~-"t4Plan 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 $ ,a~r&_~,.. ~. a~ Receipt No. "/-;Zg~°t°/Security for Faithful Performance and Labor and Materials, 100% each of Engineer's Estimate, supplied or paid. Amount $"3~'~t 4-~'a25,. tE~D Form I.D. # ~=,-'z.~..>--~-'~ -l-z-~-~-~Security for Monumentation Amount $ "2_ ~.::~oe:5,, o O Receipt No. · -I- Zf~C4~onstruction Emergency Cash Deposit: 4 % of Engineer' s Estimate. ($500 minimum, $10,000 maximum) Amount $ [~-[ (,~,. roe:> Receipt No. I~Z-"~ -'l-'Zl~ '~'P~torm Drainage Area Fee Amount $ zS¥~v'a2¥· e.-,t::~ Receipt No.'~c'9---'% 4--'-"1 iD -to. -t.~ Worker's Compensation Insurance Information Sheet Received for Applicant. All other Public Works requirements listed in the Conditions of Approval of the development. '~-'Z~ -~:/~ther Fees, Payments, Deposits Amount Receipt No. ['Z--~:~-/ ITEMS REQLqRED PRIOR TO ISSUANCE OF ENCROACi~IENT PER~HT: ~-6-.- k~--co Contractor's signature added to the permit application (front and back) -to, -o~ ~orker's Co.mpensation Insurance Information Sheet received from Contractor. |~lq, [ ~~o'~Insurance with Additional lnsured's Endorsement received from Applicant  _ or Contractor. __ One mylar set and four blue~ine ~e::s of off-site plans s:.gne~ '.3y i!censed :?neet. stamped A?PROVED FOR CONSTRUCTION. __ Permit signed by City Engineer. WHEN ALL OF THE ABOVE ITEMS ARE COMPLETE, PERMIT MAY BE ISSUED. issuer: in:xial and dare ~d file 'a'i:h penni:. / UPON ISSUANCE, INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND r~: ~-c.,'l_ j:x, formsXpmtcklst rev. 8/00 City of Campbell Department of Public Works IOACHMENT PERMIT ISSUANCE CH. .i LIST Encroachment Permit .N.o,. f~, 7'//ff~ ITEMS ]~E'QUIRED FOR PERMIT APPLICATION: Applicant section complete ~./ Applicant signature and date (front and back) Permit Application Fee $225.00 paid- Receipt Number fZ~P,c~',,,//~;~_~;~_Y~ Engineer's Estimate Submitted Plan Check Deposit Paid (2% of Engineer's Esti- ,te, $500 Receipt Number F'''~''' Five Sets of Improvement Plans Submitted ITEMS ~D PRIOR TO PUBLIC WORK CLEARANCE FOR BUILDING PERMITS ~'/"P1an Check & Inspection Fee: If Engineer's Estimate < $250,000, then 12% of Engineer's Estimate. If Engineer's deposit).Estimate > $250,000,Amountthen$ Actualf~/o~0 % .. _ (DepositReceiptOf 8%No.Of z'P'/,c~Engineer's,/.~Estimate.~.ff'~required; $30,000 miuimum '~"' Security for Faithful Performance and Lab~d Msserials, 100% each of Engineer's Estimate, supplied or paid.  rity for Monumentation Amount $ ~ Receipt No. ~5'/~__~9/'..~ truction Eme, r~:~ency Cash Deposit: 4% of Engineer's Estimate. ($500 minimum, $10,000 maximum) Amount $ /SV/'~ Receipt Noz~'~/& ' ~ Worker's Compensation'Insurance Information Sheet Received for Applicant. Ail other Public Works requirements listed in the Conditions of Approval of the development. ~ Other Fees, Payments, Deposits Amount $ 7,~"~,~ f Receipt No. ~ ITEMS REQUTRED 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. Certificate 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:\word\forms\pmtcklst rev. 4/97 CITY OF CAMPBELL Public Works Department CAMPBELL October 10, 2002 Marko Duchich 875 Emory Avenue Campbell, CA 95008 SUBJECT: PERMIT NO. 99-161 LOCATION: 1725 Bucknall Road ONE YEAR MAINTENANCE INSPECTION - ACCEPTANCE Dear Mr. Duchich: 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 $8,850.00, plus any interest due, will be sent directly to you from our Finance Department. Sincerel~~/g ~ Alan Horn Senior Public Works Inspector MQ CC: Permit 99-161 Public Works/Maintenance Division h:\word\permits\99161 acc0d) 70 North First Street - Campbell, California 95008-1436 - TEL 408.866.2150 · FAX 408.376.0958 - TDD 408.866.2790 CITY OF CAMPBELL Public "Ydorks Department Septermber 12, 2001 Marko Duchich 875 Emory Avenue Campbell, CA 95008 SUBJECT: PERMIT NO. 99-161 LOCATION: 1725 Bucknall Road FINAL INSPECTION AND ACCEPTANCE Dear Mr. Duchich: 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 August 15, 2001. 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 $1,416.00, plus any interest due, is now being processed and will be sent to Robert Schafer under separate cover. Your Cash Maintenance Bond in the amount of $8,850.00 has been received, therefore, we are returning the attached Faithful Performance Bond and Labor & Material Bond. If you have any questions, please call me at (408) 866-2168. Sincerely,//,~?"v Alan I-i0~n'~ Senior Public Works Inspector MQ Suspense- 11 months Permit #99-161 Inspector File Mark Rippo, Attorney-in-Fact, Developers Insurance Company, 17780 Fitch St., Suite 200, Irvine, CA 92614 h:\word\permits\199161 fin(id) 70 North First Street . Campbell, California 95008-1423 · TEL 408.866.2150 - F^X 408.376.0958 . TDO 408.866.2790 STEVEN A. ARNOLD -- Civ{ gineer, Inc. 1885 THE ALAMEDA, SUITE 130 · SAN JOSE, CALIFORNIA 95126 · TELEPHONE (408) 557-9005 FACSIMILE (408) 557-9075 City of Campbell Public Works Dept. 70 North First Street Campbell, CA 95008 Subject: Parcel map for 1725 Bucknall Road Campbell, CA September 10, 2001 Gentlepersons: Ail of the property corners for the subject project have been set. We have been paid for this service. Should you have any questions, please feel free to contact me at (408) 557-9005. Respectfully submitted, cc: Marko Duchich Galeb Paving, Inc. STRUCTURAL DESIGN · LAND SURVEYING · BUILDING INSPECTION · GENERAL CIVIL ENGINEERING SERVICES STEVEN A. ARNOLD -- Civ[ gineer, Inc. 1885 THE ALAMEDA, SUITE 130 · SAN JOSE, CALIFORNIA 95126 · TELEPHONE (408) 557-9005 FACSIMILE (408) 557-9075 City of Campbell Public Works Dept. 70 North First Street Campbell, CA 95008 September 4, 2001 RECEIVED SEP 0 5 zOO1 PUBLIC WORK8 ADMINISTRATION_ Subject: Parcel map for 1725 Bucknall Road Campbell, CA Gentlepersons: Ail of the property corners for the subject project have been set. Should you have any questions, please feel free to contact me at (408) 557-9005. Respectfully submitted, CE22301 cc: Marko Duchich STRUCTURAL DESIGN · LAND SURVEYING · BUILDING INSPECTION ° GENERAL CIVIL ENGINEERING SERVICES 4' August21,2000 CITY or CAMPBELL Public 1~7orks Department Robert Schafer c/o Marko Duchich 14960 Los Gatos-Almaden Road Los Gatos, CA 95032 Re: Project Address: 1725 Bucknall Avenue EP 99-161, Parcel Map No. 721 27/28 Monumentation Cash Security Dear Mr. Schafer: According to the City's records, a $2,000.00 cash security bond is still being retained for setting the survey monuments for the above-referenced Parcel Map No. 721 27/28. Please provide us with a letter from your civil engineer/land surveyor that all monumentation has been completed in accordance with the Subdivision Map Act Section 66495, and the recorded Parcel Map No. 721 27/28, and that he/she has been paid for his/her services. Upon written request for refund of the security by the party who posted it, the staff will check the site to verify that the monuments have been set. When the monumentation has been completed, the staff will arrange to have your security released by the City Council. According to recorded Parcel Map No. 721 27/28 monuments should have been set on or before August 15, 1999. Please respond within two (2) weeks of receiving this letter. Contact David Corona or me at (408) 866-2158 if you have any questions. Sincerely, I. Harold Housley, P.E Land Development Engineer LD File/1725 Bucknall Avenue EP File/99-161 Alan Hom, Public Works Inspector Michelle Quinney, City Engineer Steven A. Arnold, 1671 The Alameda, Suite 305, San Jose, CA 95126 j:\ldkrnonuments due 70 North First Street · Campbell, California 95008-1423 - TEL 408.866.2150 · F^X 408.376.0958 - mo 408.866.2790 PERMIT Facility: Campl~ell Distributary P~rmittee: Oepartmem of Pul~i¢ Works C~y of Campee# 70 N~rm First Street Applicant: Mr. Stevmt Arnold 1671 The Alameda, Suite 305 San Jose, CA 95126 cz Encroachmem ~a Construction Dm Issued: Telephon~; Octot~er 4, 2000 (40~) 866-2150 Telephone: (408} 286-9111 Re: Permit No.: 00953 File: 25245 N~y auckna# Roa~l Eh/Fulton ~ Site Improvement 172~ Buc~mml Roa~, Carncmml ~,~,ect ee-lel I. Installation of 37.5 lineal feet of 6-inch-diameter sanitary sewer IMerat within a 10-inct~liameter 10 gage continuous steel sleeve, w~th gaul filled anulus, c~ossing ur~ler Lng Dismct'$ Campbatl 2. Irt~allation of 32 lineal fee~ of 12-inch-diameter reinforced concrete pipe s~orm ~lratn lateral cros~ng over the Dl~tdc~'s Ca~ Disa~utary. 3. Construction of one (1) stancla~ manhole f~r the ~mita~ sewer tie in. 4. Construction of one (1) start(lard manhoM for the storm drain fie In. Continued on page 3 C~nstructlofl Expiration Date: October 4, 2001. Eflcroacamem Expiration Data: PERMI~ M~NO~XND~iSHi;~HEDUI~EOFWORI~.TO: District's Construction Unit, c/o Mr. Dean Arroyo, (408) 2~5-2607, extension 2601, at least 2 nom~at worldng days Defoe starfif)0 e~y~)~ under thi6 permit. FaRm to ~otf~y i$ caue4 for mvo~a(!on of ~IrmR ~qd_ fro'novel of wo~- Exm'c~se of this pem~t s~mll irmicat~ acceptam:e of a~l agreement to campy ~ all pmvi~ons inctuded hame. This permit rs suaject to the General P~visiorts listed on the reveme side hereof or a~ axpr~-~,~_!y moGlrmd in the acIditlonai Special ProvisiOns tasted beto~. Violation of any provision shall l~e Muse for immediate revocation of permit. cc: SPECIAL PROVISIONS 1. All bacldiil wffhin Dixt,'~t rigllt of ~ ~ail ~ ~m~ to at lea~ 90 pe~t relative com~ w~ ~1 ~in~ ~ m~m~ aW ~ ~ on A~M O 1557 ll~ratow t~t p~. Fie~ d~ de~ ~ ~ter ~nt~ of ~ii ~ouM ~ d~e~ f~l~ ~e ASTM D 15~ ~ ASTM D ~AS~ D 3017 ~a~l~ ~um as 2. Pe~ shell u~ only non~ta~e or mclaim~ w~M for ~mpl~ion of a~iwti~ under this ~, unle~ the a~mv~ anmher ~u~. Continued on page 3 Approval: Planning Department City of Campl~ell 70 NO~fl Fim't Street Campbell. CA Mr. Marko Oucnic~ 87S Emory Avenue Campbell, CA 9500S Sue A. Tippets. P.E. Engineering Unit Manager Community Pmj~ Review Unit __Gaie~_Psvtng~ tnt. 1Z'~72 S. :~arat¢~Tga-Sunnyvale Road Saratoga, CA 95070 abed ~:g~ 00-t~-].o0 !ggZ?g§E !3NI 9NIAVd t]2"1V9 :*a ~,uas GENERAl. PROVISIONS PERMIT'TEE MUb~' MAINTAIN A COPY OF THI-~ PERMIT AND APPROVED PLANS ON JC~B$1TE FOR DIJRAT1ON OF CONSTRUC'riC)N No ctqange of prOGram, as outtinecl in aOl=licatton or =ltewfn~s suDmit'teO witfl sl=oticaaon, wdl be allowed exceot uoon written perrrusaion of cna mismct. The work area must I~e re~[ore¢t to trio ~c'~on of :ne Oismc~'s Insoector. Actwmas and usaa autt~onzed under :his oarmit ate suOject ~ anv lns~'u~ons of :ne aat~]ned District reoresantat~ve. ALL INSTRUCTIONS MUST aE STRICTLY OBSERVED. Wamr Quality C~ntr~i BoarS, State Wa~:sr Resources Con~ral l~oara, or other lunsdictlonal or I=roOerlv eml=owered regulatory seventy. The germitTee ~hall not use. store, ctensr)ort, or Discs any ~azerctous substances, hazarcious was~es, or mltenals con,emulated wis hsZ;ilrdoua suastancaa on Dlamc~ nght of way ar adjacent ~O oiatnc~ rignt of way such ma~ it Durl~o~afuilv or acc~demfV be smiled or omerwiee disCrierged onto same ngnt of way. if a discharge of a hazardous suOs"[anca or waste occurs as a result of trte permitte~'s ogera~on, the perrmttee is resDonsible ~o: I1} noUfv the gro0ar authormas: {2) insigne, remove, and monitor ~e h~rdou~ =u~es or '~= co me =;asfa~on receded as ~ne genera~or ~a a~er of ~e wa~eS. ~e ~l~e ~hatl submit to ~e ~i~ a fully camme~ 'lmaq~ Me~nai Ce~fi~agn P~~ for ~nv s~iis met dght of w~. Pe~i~ee shall assume entire re=Donsibili~ for ail Kfivme= anq u~es ~er ~m ge~ and s~aJl indemni~, defen~ ~a h~d ha~t~a, Oi~. ~ Oi~rS, O~C~, agent, and emgluV~s from any and ~t Qemanos. claims. caus~ ~V or a~ng o~ of. or in~ed in conn~ofl w~fl. or resui~q ~m. ~e e~r~se ~ ~s ~Jt fly ~e~i~. or p~i~'s o~cem, aq~,[=, au=co.acTors, swanks, or amDIoVeeS, or any of ~em. inciuOing. Out n~t m. n~i~t a~, e~ors, or omissions, or witl~l miscaneum, ar :oneum far wnicfl Ina law imposes ~nm liaailiw Any ~mage causes :O Oi~ s~urea mciuding. ~ut nat lim~t~ to. fencing, levee su~ac~ng, one ~Oflatt 'Nalkway ~ ~lon of exercise of ~is onit shall be reDeir~ az ~e co~ of per,wee :o :~e satis~t~ of ~e Oismc:. Should Oe~i~ee n~te~ :0 make teasers orom~v, DistriCt may make reOa~r~ or nave reOal~ made. eno perm[~ee agm~ ~ rmmOume Ois~ for all co~ of SU~ rearers. Oi~ may req~ a ~un~ deooai~ ,n ~vance oe~i~ee :o secure ~e pa~a~ance of mia clause. Unexe~a~ oom~a of any oeoosn sriaii 0e re,nasa pe~i~ wimin 14 working daw of me exm~an of ~is ai~t. ~e Oos~ng of Such a secur~ ~eOos~t snail not rMieve ~e 0e~i~ee from any liaOiti~ unaer ~is ~e~ ~cfl exce~a ~e value of ~e deOoslt required. ~is p~t (s valid only ~O ~e e~ of Oi~ri~ junsdic~on. Pe~i~ requires by omar interested agar, es and cons~t of unde~ying fee owners of Ois~l~ comment lanes are ~e resaonmbdi~ of :~e per,flee. N~ING CONTAINED IN ~IS PERMIT SHALL 8E CONS~UED A~ A RELINQUISHMENT OF ANY alGHT~ NOW ~ELD 8Y THE ~I~iCT. ~s p~ is su~je~ tO ail OnOr unexoirea 0ermi~. a~reemen~, easements, 0nvdeges. or d~er ngnts, wne~er r~am~ ~ unrecaraea, in me area so.tries in mia o~n. P=~ s~ail ma~e a~angemefl~s w,m ~maers o1 such for flooa cobol, conse~a=on, or wa~er u~li~ ~uraoses- Uoon ~n no,Ce of Cancellation or revocaaan 0f :~s 0a~t for any cause w~a~soever. Dermises shad Oi~ ngnt of way and ~re ta the canaiaon ~nor :o ~e ~ssuanca of me oerm~t ~n~ :~en snail vacate Dis:nc: ~D~* Shaul~ o~ee n~ to rest~e ~e oremmes or s~res ~o a saa~a~=~ conai~on. The Oi~ ~e~a~ suc~ wa~ or have wo~ Dedorme~. a~ pe~i~e agrees to relmourse t~e Ois:nc for ail ~s~s m :ne sa g~ed uoon rece~ot of a ~a~men~ ~e~for. T~ ufew hu no~ b~n cflecud and is nat ~mgiiea wi~ ~i~ ~t. Comaiianca wi~ ~e~on &705 of me ~bor Ca~e ~nc~iflg ~ncfl ex,va=on an~ me oO~ming afa *Permit ~ ~xca~e' issu~ by ~e Oiv,s~on of Occuaaaonai ~MW and Heai~ u r~uire~ ~v LaDor Co~e Sedan 6500 snarl be ~e resoanszbiiiw of :~e Pe~ ~afl Oe responsible for :=malianc8 ~m Conforms ~aar Co~e ~e~don 6200 (an~ tailowlng}. abed !g~:C~ O0-~-~oO !CgZ~CGC !ONI 9NIAVd ~]V9 :AG ~uaS Camplxdl DIstMl~lta~ 3 pemlit No. 00953 I)IJRPOSE OF PERMIT--Continued 5. ConstnJctlon of 72.5 feet of concrete curb ancl gutter end 21 feet by 114 feet of asphatt cx~y. rete ~ improvement.s. 6. Installation of joint trench ~ilitles consisting of telephone, cable television, e~ectric, and street li0N. SPECIAL PROVIGIONa~Continuecl F'e~ntttee must contact Mr. Alan Zieslxich at (406) 265-2607, extension 2111, at least 48 hours prior to the stilt of construction, to have the District's Cempi)ell DIstrilu<~ry marked. The smnitary end storm drain Imtarels must mwntMn a minimum clemrmncm of 12 inches from outside edge to outside e(~ge for c:mssing of the Campbetl Oistributa~. 5. Permittee must maintain a minimum clearance of I foot between the new latoral~ and the Camm Distflbuta~y. Permlttee mum corltlCt the District's inspector and arrange for him to be ix'esent, et his discretion, dul~ng the excavation and trenching of the crossings unda~ and over the Campbell Di~t~butary, Pormittee met contact the District's inspector and arrange for him to be present during the installation of the steel sleeve cro~ng under the Campt)ell DlstributJry. Any damage to the District's Campbell Distflbutary shall be repaired at the sole expense of the permittee, orthe permittee's conttlctor, to the satisfaction of the District's inspector. 9. All work associated with this pan, nit is to be in accordance with the Wans which were submitted to ancl approved by the D~rict. 10. Permit 69929, issued June 11, 1 ggg, is hereby void and replaced by Permit 00963 !9~:~ 00-~-1o0 !~Z~g~ ~ONI 9NIA~d B3~9 :~8 luas Galeb Development 12372 Saratoga-Sunnyvale Road, Saratoga, CA 95070 Telephone (408) 253-47471 Faesimile (408) 253-4753 FAX MESSAGE DATE: PAGES: TO: Fax: FROM: Chuck: 4 October 2000 One (1) Page(a) Including Cover ~" 3 Chuck Gomez Peggy Galeb RE: 1725 Bucknall Road, Campbell Please find attached copy of permit from SCVWD. Thank you. ~ a~ed !~:C~ 00-~-1o0 !CgZ~Cg~ [ONI ONIAVd B39V9 :~B ~uas CAPITAL OF SILICON VALLEY For Internal Usd' 3-Dash 7,-/qzhtl sI City of San Jose Department of Public Works Development Services Division 801 North First Street: Room 308 San Jose, California 95110 (408) 277-5161 Fax (408) 277-3879 SEWER LATERAL PERMIT 1. General Information Location of Work ce il Fax Number 8o7-0 qo Mailing Address City State Zip Code Contractor License Number Business License Number Phone Number Fax Number City State Zip Code Mailing Address 2. Submit a security deposit in the amount orS1000 ['-]Certificate of deposit [~Cashiers check Return CD to: [-[Permittee [-']Owner 3. Submit payment ofCity fee in the amount of$375 perlateral a~.fl ~/0~0 -5)t°l'-t~4 ~ 4. Submit evidence of Insurance to City Risk Manager Phone (408) 277-2799 Fax (408) 277-3025 - Pursuant to Title 15, Chapter 15.16 of the San Jose Municipal Code, permission is hereby granted to install a lateral to the ~ storm sewer system as described on this permit and subject to: :]~'v'l,S 70/II,*'/'/o~ ~'~ ]t~gtt'tJt° PERMIT CONDITIONS ~ "]t'O V/]~7, 1. All work performed under this permit shall be in accordance with the Standard Plans and Specifications of the CiD' of San Jose and subject to inspection and approval by the Director of Public Works. 2. Permit-tee shall contact the Public works inspector at least 24 hours before beginning work to arrange a pre-construction meeting. Perminee shall have a traffic control plan prepared in advance 9f meeti~ng. The Inspector may' be reached by calling (408) 277-5161. Your inspectors name is ~ I~'~. DOl. City of San Jose Sewer Lateral Permit July 1, 1998 Page 3. Permittee shall mark area and call Underground Service Alert (USA), 1-800-227-2600, at least two days prior to starting work. 4. Contractor shall remove all USA markings upon completion of the underground work. Only chalk paint shall be used in the Redevlopment Area (bounded by Julian Street and Highway 280, and between Highway 87 and Fourth Street). Removal of paint shall be by hi~ water pressure only. 5. Permittee shall forfeit all or part of the security deposit if the City of San Jose, at its sole discretion, determines the need for repair or replacement of any improvements authorized by this permit. 6. Permit-tee shall maintain insurance coverage during all work activity as approved on the attached Insurance Clearance. 7. Work shall be performed in accordance with the attached details. 8. An "S" shall be stamped on the face of curb and back of walk where the lateral crosstes t)e property line. 9. Permit shall expire on ~ / ~ ~o o ~¥ {t*O[~ 40 5 l;D.7/~00, / 10. Working hours shall be restricted to ~'~ to ~ :.~,~ Z'~ CONDITIONS ACCEPTED BY: Permittee or Authorized Agent (Print) /Signature Date PERMIT APPROVAL: Department of Public Works Signature / Date PROJECT COMPLETE Size: Type: Length to P.L. Depth at P.L: Lateral Location: Depth at F.O.C.: Depth at main: APPROVED BY CONSTRUCTION INSPECTOR Project Inspector (Print) Comments Signature Date July 1,1998 City of San Jose Sewer Lateral Per-mit Page 2 Recording Requested by: City of Campbell When recorded mail to: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 ) ) ) ) ) ) ) ) ) ) DOCUMENT: 15055154 Titles ] / Pages: Fees .... 31.00 Tsxes,, Copies.. ANT PAID 31.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Title Company RDE ~ 004 li/10/1999 3:25 PM 9 (Space above this line tbr Recorder's use ordy.) STREET EMPRO M NT AGREEMENT THIS AGREEMENT (identified as File No. ZC 98-01, PD 98-01, PM 98-01 made and entered ~nto this ~.9 -- day of ~,/,d'c-¢-- , 19 ~/a , bv and between Jovan Vidovic. an unmarried man and Robe~-71_.. 3Sharer, an unmarried man and Marko Duchich. a married man, as his sole and separate property., as tenants in common, hereunder referred to as "Owner." and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, Stare of California, hereinafter referred to as "City.." WHEREAS, on October 20, 1998 the City Council adopted Ordinance No. 1973 granting conditional approval of ZC 98-01, PD 98-01, and PM 98-01 for that certain real property, described in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 1725 Bucknall 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 Zone Change, Planned Development and Parcel Map: NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (i) 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 'plans 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. Ail 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 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. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the Cit~' of Campbell and West Valley Sarfirarion District of Santa Ciera Count,,'. 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 Ci.t-y 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. 9391, as adopted by the City, Council on June 2, 1998, or as may subsequently be adopted by the City, Council. (6) Owner, or his successors, shall file with Ci~, 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 dare 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 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 r_hat are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (I0) 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 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 wirina circuit to all electroliers within said real property when Owner, or his successors, is notifiec~ by either the City Engineer or ~e Pacific Gas and Electric Company that said tees are due and payable. Owner's, and his u ~' ' s c,.essors , obligations under this section shall not be relieved by delay or the passage of time. but shall remain binding indefinitely and tbrever. (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 right 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 CiG a sum covering the reasonable market value of the !and 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 r. hat 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 fi.om 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 ~e 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 fulfiii 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 1725 Bucknall Road. and the City's property, commonly described as Bucknall Road 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, tbr 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 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 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 representations, agreements, arrangements or understandings that are not fully expressed herein. (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 public street improvements per preliminary, plans titled "Street Improvement Plans for 1725 Buck_ual Road, Encroachment Permit 99-161," which are subject to approval by the City Engineer, prepared by Steven A. Arnold, Civil Engineer, 1672 The Alameda, Suite 305, San Jose, CA 95126. 4 IN V~TNESS WHEREOF, 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, 199'7, and said Owner has caused his name to be affixed the day and year first above written. Jovan Vidovic, an unmarried man Robert L. Schafer/aff unmarried man Marko Duchich, a married man, as his sole and separate property., as tenants in common BY: Jovan vidovic, as Power of Attorney for Marko Duchich (Notary. Acknowledgment for above signator(ies) MUST be attached.) ATTEST: ,~tne Bybee, City Clerk CITY OF/~C. ~,M'PB/ELL // Robert Kass, Public ~orks Director h:\agr\ 1725buck(mp) All ~ cenam resl pro!~eny situate in ~e Ci~7 of Carn~beiI, Count7 of'Santo Clara, St,~e of Caiiferma, d~scrib,:t as follows: Begim'~g at an iron F]pe on a l/ne l~allet with ~d ~s~t 22 f~ at d~t ~ Sourly ~om N~ly ~e ofBuc~ ~ ~ ~ ~d~ ~d ~t ~n Sou~ 88* 29' W~t i205 !O ~ ~ o~-inch pipe at ~e ~ion th~f,~ ~e W~y ~e of ~e S~ To~ Aq~o Roa~ 40 ~d~ ~d ~omt of5~ ~so b~ ~e Sou~~ty com~ of~ ~c~ ofI~d co~ :o ~ymo~ .~ M~. ~ ~ ~D~ ~~ l~y t4, [955, B~k 722~, ~ ~, Page ~gg, ~ ~ No~ 0~ 09' E~ 2~0.00 f~ to ~ Sou~w~y com~ of~t c~ p~t ~eved to ~rg~ ~ P~C ~t ~., by D~d recorded ~ 27, 1957, Book 3876, Offici~ R~ S~a Cfm Co~ R~o~; ~nc~ ~ong th~ Sou~ly I~e of md p~cet co~ to ~ E. ~ond .( M~g~, ~ ~., Sout~ 0° 09' W~ 201 56 ~eg to ~ 2on pipe on s~d ~e ?~I~ ~th Nonh~ty i~ of Buckn~ Road; ~c~ ~o~ s&d ~et ~e Sou~ 88° 29' W~t ~.58 ~ to ~e po~ ofbe~ b~mg a po~cn or,he ~o ~cho ~d ~so b~g a po~on of~: c~i~ 0.742 ~ a~ ~fl of!~d shorn on ~ ~ of~o~ of S~ ora ~omon ofrh~ ~d of~y M~g~, w~ch ~ ~ on ~e m ~e office ~'ae R~omer of~a Co~W ofS~ CI~ 5t~e ofC~ma ~ Book 5I, or.ps, P~e l 1. County of .~::~:~_-M_~ O~ ,,~. /~'/~ personally appeared ~~ /5~~ , Name(s) of Signer~s~ :% personally known to me v proved to me on the basis of satisfacto~ idence to be the person~) whose name(~)is/~ subscribed to the within instrument and acknowledged to me thai he/~y executed  the same in his/~ authorized capacity(~, and that by his/~ signature(~) on the instrument the person(~ or ~ ~ ~C~ C~ ¢ the entity upon behalf of which the person(~ ~ ~'~~&~ acted, executed the instrument. WITNESS my hand and o~cial seal OPTIO~A~ Though the info~ation below/s not required by. law, it may prove valuable to 9ersons relying on the document and could prevent fraudulent removal and rea~achment of this fo~ to another document. Description of A~ached Do~ent ~tle or Type of Document: ,- . ~//~__/' Number of Pages: Document Date: Capacity(ies) 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., PO Box 2402 · Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On ~ .%~', ~ /~"~,, before me~~~ .'~ ,~// Date -/ ' ' Name and T~tle of Officer (ag.. personally appeared '~ Narne(s~f Signerls) _ personally known to me ,~proved to the basis of me on satisfactory evidence to be the person(~) whose name(~s.) is/ac-e- subscribed to the within instrument and acknowledged to me that he/sheAq=~y executed the same in his/~r authorized capacity/cee-), and that by hisR'fecCtf're+r signature(~.), on the instrument the person(~)~, or the entity upon behalf of which the person(S,),, acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~.nature of Notary Public 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 reattachrnent of this form to another document. Description of Attached Document Ti,e or Type of Dooument: Document Date:~~. Signer(s) Other Than Named Above: Capacity(ies) 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: ToO of thumt~ here 1997 National Notary Association · 9350 De Solo Ave.. PO Box 2402 - Chatsworth. CA 91313-2402 Prod No 5907 Reorder: Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County of ,-.¢.~,.~Z. :7[-~Z- ~ .~ ss. On~¢-~.) ~'~at~'¢ ~ ,before me,~5~&~.~.....~~. ~~/~ ~~-/ / N ..... d ~ e of O. cer (e~.: "Jane ¢o~ Note/Public") personally appeared ~~r ~~ Name(s) of Signer(s) personally known to me _ proved to me on the basis of satisfacto~ evidence to be the person~) whose name(~ is/ar-e- subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(.;q~.), and that by his/herfthem- signature(A) on the instrument the person(S.), or the entity upon behalf of which the person(b) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sign~ of Notary Put31i~-' ,~; OPTIONAL Though the information below is not required by/aw, it may prove va/uab/e 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. PO. Box 2402 · Chatsworth. CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY OF ~ EMNITY COMPANY OF CALIFOR AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, tRVINE, CA 92623. (949)263-3300 N 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)-In-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 severally, but not jointly, hereby make, constitute and appoint ***JASON JENKINS, MARK ROPPO, JAMES B. SHEA, KATHERINE G. ZEROUNIAN, JOINTLY OR SEVERALLY''' the true and lawful Attorney(s)-In-Fact. to make. execute, deliver and acknowledge, for and on behalf of sa~d corporations as sureties, bonds, undertakings and contracts of suretyship m an amount not exceeding Ten Million Dollars ($10.000,000) Jn any single undertaking; g~wng and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, reqms~te or proper to be done m connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substituhon and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney ~s granted and Js 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 September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be. 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, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations 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 or contract of suretyship to which it is attached. iN 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 Secretaries this 22nd day of December. t 998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Dan J~¥ pFr;~i;:ne~t i' J r' ~ By Da ntepF~s~leCne~ti' J r ' By "~ By Walter CroweJl Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 22, 1998, before me, C. Holtiste[, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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 io me that he/she/they executed the same in his/her/their authorized capacity(les), 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 m.y hand and official seal. Signature ~(:~,,/?~/'~.j .-' O ~ COMM., 1192615 . _ ~ ~'~ Notary Public - California ~ ~ O~NGE Cou~rrY CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify 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 Boards of 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[ 9TH day of AUGUST 1999 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By . . . _ _ _ By IS/ William T Sherer William T. Shere, ~ -- --- ~,~,,~ Senior Vice President Senior Vice President 1D-314 REV. (12/98) California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 19, 1999 , before me, Date Katherine G. Zerounian, Notary Public Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, ,,, prcvcd t~ me ~,,, ~,,~ b .... '-~ ~'"*"~-~'-'-'A-' ............. y svid~c~- 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 hi~ authorized capacity{-ies-)~, and that by his/her/the~ signature(s-), on the instrument the person(c), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ Notary bli¢ ................................ OPTIONAL ....................................... (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document Other Signer(s) No. of Pages h:\docs\surety\forms\notary.doc )ND FOR LABOR AND MATER. ~_ PREMIUM INCL. IN PERF. BOND SUBJECT TO RENEWAL We, the undersigned Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common, (hereinafter "Principal") and DEVELOPERS INSURANCE COMPANY , a corporation organized under the laws of the State of CALIFORNIA , and authorized to transact business m the State of California, as Surety, are obligated to the city of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated JULY 28 , 19 99 , , a true and correct copy or' which is presently on file in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof. The contract is entitled: ZC 98-01, PD 98-01, PM 98-01, 1725 Bucknall Road, Encroachment Permit 99-16l. Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of [ts subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay tbr the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond. a reasonable attorney's fee to be fixed by the court. Now, therefore, we, Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich. a married man, as b_is sole and separate property, as tenants in common, as Principal, AND DEVELOPERS INSURANCE *, as Surety, are obligated to the City of Campbell, in the sum of $ THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($35,400.00), lawful money of the United States, tbr the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions. *COMPANY The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay tbr any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorney's tee, to be fixed by the court. No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said Contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. In wimess, the parties have executed this agreement as of g --~ '-~ t~D ~ 19~. Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man an Marko Duchich, a married man, as his sole and separate property, as tenants in common. (Principal) Jovan Vidovic ~[~,7~ ~'~/NOTArqY FUgLIC - 5~'~Y SANTA CLARA CCLINTY ~_~ comm. Exp, (Attach Acknowledgments) (Both Principal's and Surety's Attorney in Fact) (j: \word\ forms\l&mbond) (Surety) Marko Duchich DEVELOPERS INSURANCE COMPANY MARK ROPP0 ATTORNEY-IN-FACT Address of Surety: 17780 FITCH STREET, SUITE 200 IRVINE, CA 92614 Surety's Bond Number 8652015 (Accompany this bond with attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.) California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 19, 1999 , before me, Date Katherine G. Zerounian, Notary Public Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, .,, proved ~o i~c u,, the b..o,o ~,, sa~factc, r'~'~.,.....---:-' .... ,v~ 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/hec/thei¢ authorized capacity{-ie~, and that by his/hec/thei¢ signature(s-} on the instrument the person(c), or the entity upon behalf of which the person(s-) acted, executed the instrument. WITNESS my hand and official seal. Notary I:Yubl~b ...................... OPTIONAL Commission # 1144279 Notc~y PuDt,c - Cahforn,a San M~teo County ~My Comm. ~ Jun 29, 21331 (The information be/ow is not required by/aw) Description of Attached Document Title/type of Document Date of Document Other Signer(s) No. of Pages h:\docs\surety\forms\notary.doc PREMIUM: $708.00 BOND FOR FAITHFUL PERFORMANCE PREMIUM TERM: 2 YEARS SUBJECT TO RENEWAL We, the undersigned Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duehich, a married man, as his sole and separate property, as tenants in conunon (hereinafter "Contractor") and DEVELOPERS INSURANCE COMPANY , a corporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of Calitbrnia, in the sum of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00 ) tbr the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the tbllowing provisions: The condition of this obligation is: Because the obligated Contractor has, on JULY 28 , 19 99 , entered into written Contract with the City for the Project, a copy of which contract is attached and made a part of this bond, tbr construction of Project ZC 98-01, PD 98-01, PM 98-01, 1725 Bucknall Road, Encroachment Permit 99-161. Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect. If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the Contract excluding the warranty period, if any, provided for in the Contract, and venue shall lie in the County of Santa Clara, State of Calitbrnia, and that surety, ~br value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be pertbrmed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of Calitbmia. In witness, the partieshaveexecutedthisagreementasof ~ -- G,~ O -"-- , 197(~ Jovan Vidovic, an unmarried man.and Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common. (Principal) Jovan Vidovic '~.~ G e o f f r e---:'~---~--~--~'~'~ ~ 0~~ Comm. #1114.~23 ~ ~~w/ SANTA CLARA CCUTiTY ~J ~ N~ Comm. Exp. Oct. 22, 2000 f (Attach Acknowledgements) (Both Principal's and Surety's Attorney in Fact) h:\landdev\ 1725buc3 (mp) Robert L. Schafer- (Surety) By Address of Surety: 17780 FITCH STREET, DEVELOPERS INSURANCE COMPANY ' MARK RO~ ATTORNEY-IN-FACT SUITE 200 Surety's Bond Number 865201S (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.) IRVINE, CA 92614 RECORDING REQUESTED BY AND WHEN RECOROED MAIL TO Name Stree~ SPACE ABOVE THIS LINE FOR RECORDER'S USE POWER OF ATTORNEY (Special) KNOW ALL MEN BY THESE PRESENTS: ,,-~ ~ ~ · ~ ,,.) St,~e~ [~°f Cah,o~, ,~gl~c~ereb~r~ap mnt(s)~ ~.~./~.. ~/.' .': of Cit~ of Coungy of... ~ .~..~ [~.~ ............................ Sta~e of California, as. ~o act in ~¢.. '¢/ .. ~name and ~o do any and all of ~h~ following: ~ Granting to.S~.~t~orney in fact full power and authority to do and perform all and every act' and thing whatsoever requisite, necessaw, and proper to be done in the exercise of any of the rights and powers herein ~anted, as fully to all intents and pu~oses as~. ...... might or could do if personally present, with full power of delegation substitution or revocation, hereby ratifying and co~~ aQ ~hs~... ~ ~.~o~ey i~ ~ac~, o~ h~s substitute or subsQ~u~es, shall ]aw~uHy do or cause ~o Page 1 ~ _ _,'~o_ _,merit is only a generaJ form wi~icfl may be pmoer for use in simple transactions and in nO way acts. or is intended to act, as a substitute for the advice of an attorney. The pnnter does no~ make any warranty, althm' exl:eess or implied, as to the legal validity of any proviSiOn or the suitability of these forms in any specific transaction. EXHIBIT A All r/mt em-tam ~ property situate in the City of Campbell, Comxty o£$anta Clara, State of California, No~ly ~e ofBuc~ ~ ~ ~ ~d~ md ~t ~n Sou~ 88' 29' W~t I205 I0 ~ ~m a o~-inch pipe ~ ~e ~mn t~f,~ ~e W~y ~e of ~e S~ To~ Aqmo Roa< ~d~ ~d po~t of ~ gso b~ ~e Sou~w~ty com~ of ~ p~et of ~ymo~ & M~, ~ ~ ~D~ ~~ I~y t4, t955, B~k 322~, ~ ~, Page a23, S~ C!~ Cou~ ~o~; ~ ~o~ ~e W~ ~e of~d p~ co~ to ~ond ~g~, ~ ~ No~ 0~ 09' E~ 200,00 f~ to ~e Sou~w~y com~ of~t c~ p~cd ~eyed ro ~r~ ~ P~t ~t ~.. by D~d record~ ~ 27, 1957, Book 3876, Offi~ R~ P~e S~a CI~ Co~ R~o~; ~ce ~ong thc Soundly l~e of ~d p~et co~ to ~ H. P~ett et ~., md ~ ~ ~e No~y ~e of ~d p~c~ ~o~ to ~mond A. Mmv, ~, N0~ 3~0' E~ ~.43 ~; ~ce p~ ~ ~e W~ly ~e of~d p~cet ~ond ,~ M~, ~ ~., 5out~ 0~ 09' W~ 20I 56 ?e~ to ~ iron pipe on No~h~ly l~e ofBuckn~ Ro~; ~ce ~o~ s~d p~el ~e Sou~ 88° 29' W~t ~.38 porn ofbe~ brag t po~on of the ~to ~cho md ~so hmng, po~on of~t cw~i, 0.742 of ~ a~ p~ of Ired sho~ on ~ ~ offers of S~ ora posen of the ~d of~y M~g~, w~ch ~ N on ~e ~ ~e offic~ ot'~e R~om~ of~= Co~ ofS=m CI~ State of C~=a Book 5I, or.ps, P~c 1 1. Santa Oara Vdley Water District 5750 ALMADEN EXPESSWAY, SAN JOSE, CA '. ,8 (408) 265-2600 PERMIT Facility: Campbell Distributary Date Issued: June 11, 1999 Permit No.: 99929 Permit'tee: Department of Public Works City of Campbell 70 North First Street Campbell, Ca 95008 Telephone: (408) 866-2150 File: 25245 Campbell Distdbutary Nly Bucknall Road Ely Fulton Street Applicant: Mr. Steven Amold 1671 TheAlameda, Suite 305 San Jose, CA 95126 Purpose of Permit Telephone: (408) 286-9111 Re: Site Improvement 1725 Bucknall Road, Campbell Project 99-161 [] Encroachment [] Construction [] Temporary 1. Installation of 37.5 lineal feet of 6-inch-diameter sanitary sewer lateral within a 10-inch-diameter, 10 gage continuous steel sleeve, with grout filled anulus, crossing under the District's Campbell Distdbutary. 2. Installation of 32 lineal feet of6-inch-diameter polyvinyl chloride pipe storm drain lateral crossing over the District's Campbell D[stributary. 3. Construction of one (1) standard manhole for the sanitary sewer tie in. 4. Construction of one (1) standard manhole for the storm drain tie in. 5. Construction of 72.5 feet of concrete curb and gutter, and 18 feet by 73 feet of asphalt concrete road improvements. Construction Expiration Date: June 11,2000 Encroachment Expiration Date: PERMITTEEMUST'NO~!~:'AND :FURNISH '~:H:EDU EEOE!.iWORK!~TO: District's Construction Unit, c/o Mr. Dean Arroyo, (408) 265-2607, extension 2801, at least 2 normal working days before starting anywork under this permit. Failure to notify is cause for revocation of permit and removal of work. Ex~rcise 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 All backfill within District right ofwayshall be compacted to at least 90 percent relative compaction in accordance with California Test Method 216 or 231 or ASTM Test Designations D1556, D1557, or D2922 e~cept as modified herein. Permittee shall use only nonpotable or reclaimed water for completion of activities underthis permit, unless the District approves another source. Continued on page 3 Planning Department City of Campbell 70 North First Street Campbell, CA 95088 RECEIVED PUBLIC WORKS ADMINISTRATION. Approval: Sue A. Tippets, P.E. / / Supervising Engineer Community Projects Review Unit FCE 6Oh (12/8/95) GENERAL PROVISIONS A. PERMITTEE MUST`MAINTAIN A COPY OF THIS PERMIT AND APPROVED PLANS ON JOBSITE FOR DURATION OF CONSTRUCTION PERIOD. B. All work shall be constructed in accordance with approved plans and to the satisfaction of the District's Inspector. No change of program, as outlined in application or drawings submitted with application, will be allowed except upon written permission of the District. The work area must be restored to the satisfaction of the District's Inspector. C. Activities and uses authorized under this permit are subject to any instructions of the assigned District representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED. D. Permittee is responsible for complying with any applicable water quality standards adopted by the District, Regional Water Quality Control Board, State Water Resources Control Board, or other jurisdictional or properly empowered regulatory agency. E. The permit"tee shall not use, store, transport, or place any hazardous substances, hazardous wastes, or materials contaminated with hazardous substances on District right of way or adjacent to District right of way such that it may purposefully or accidently be spilled or otherwise discharged onto same right of way. If a discharge of a hazardous substance or waste occurs as a result of the permittee's operation, the permittee is responsible to: (1) notify the proper authorities; (2) investigate, remove, and monitor the hazardous substances or wastes to the satisfaction of the District and any reguiatory agency; (3) bear any and ail costs associated with the remedial activities and, (4) be recognized as the generator and owner of the wastes. F. The permittee shall submit to the District a fully completed "Import Material Certification Form" for any soils that will be placed or stored on District right of way that do not originate from within the legal boundaries of such right of way. G. Permittee shall assume entire responsibility for all activities and uses under this permit and shall indemnify, defend and hold harmless, District, its Directors, officers, agents, and employees from any and all demands, claims, expenses, costs, or liability of any nature, including death or injury to any person, property damage, or any other loss, caused by or arising out of, or incurred in connection with, or resulting from, the exercise of this permit by permittee, or permittee's officers, agents, subcontractors, assignees, or employees, or any of them, including, but not limited to, negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on permittee. H. Any damage caused to District structures including, but not limited to, fencing, levee surfacing, and asphalt walkway by reason of exercise of this permit shall be repaired at the cost of permittee to the satisfaction of the District. Should permittee neglect to make repairs promptly, District may make repairs or have repairs made, and permittee agrees to reimburse District for all costs of such repairs. District may require a security deposit in advance from permittee to secure the performance of this clause. Unexpended portions of any deposit shall be refunded to permittee within 14 working days of the expiration of this permit. The posting of such a security deposit shall not relieve the permittee from any liability under this permit which exceeds the value of the deposit required. I. This permit is valid only to the extent of District jurisdiction. Permits required by other interested agencies and consent of underlying fee owners of District easement lands are the responsibility of the permittee. NOTHING CONTAINED IN THIS PERMIT SHALL BE CONSTRUED AS A RELINQUISHMENT OF ANY RIGHTS NOW HELD F,y THE DISTRICT. J. This permit is subject to all prior unexpired permits, agreements, easements, privileges, or other rights, whether recorded or unrecorded, in the area specified in this permit. Permittee shall make arrangements with holders of such prior rights. K. Unless otherwise specified herein, this permit may be revoked or canceled at any time by the District when required for flood control, conservation, or water utility purposes. L. Upon written notice of cancellation or revocation of this permit for any cause whatsoever, permittee shall restore District right of way and structure to the condition prior to the issuance of the permit and then shall vacate District property. Should permittee neglect to restore the premises or structures to a satisfactory condition, the District may perform such work or have work performed, and permittee agrees to reimburse the District for all costs of the work SO performed upon receipt of a statement therefor. M. Trench safety has not been checked and is not implied with this permit. Compliance with Section 6705 of the Labor Code concerning trench excavation and the obtaining of a "Permit to Excavate" issued by the Division of Occupational Safety and Health as required by Labor Code Section 6500 shall be the responsibility of the permittee. N. Permittee shall be responsible for compliance with California Labor Code Section 6300 (and following). FCE 60 (1218/95) Campbell Distdbutary 3 Permit No.: 99929 SPECIAL PROVlSlONS~ontinued Permittee must contact Mr. Chris Summers at (408) 265-2607, extension 2148, at least 48 hours pdor to the start of construction to have the District's Campbell Distdbutary marked. The sanitany and storm drain laterals must maintain a minimum clearance of 12 inches from outside edge to outside edge for crossing of the Campbell Distdbutary. 5. Permittee must maintain a minimum clearance of 1 foot between the new laterals and the Campbell Distdbutary. 6. Permittee must contact the District's inspector and arrange for him to be present, at his discretion, dudng the e~cavation and trenching of the crossings under and over the Campbell Distdbutary. Permittee must contact the District's inspector and arrange for him to be present dudng the installation of the steel sleeve crossing under the Campbell Distdbutary. Any damage to the District's Campbell Distdbutary shall be repaired at the sole expense of the permittee, or the permittee's contractor, to the satisfaction of the District's inspector. 9. All work associated with this permit is to be in accordance with the plans which were submitted to and approved by the District. FCE 60h (12/8/95) CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1725 BUCKNALL ROAD Date: 5/19/99 Encroachment Permit No. 99-161 Application No. ZC 98-01 PD 98-01 PM 98-01 ITEM UNIT PRICES FOR PROJECT AMOUNT NO.. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT L SL'RFACE CONSTRUCTION MOBILIZATION LS $ 1,750.00 $ 1,750.00 '$ 1,750 00 CONSTRUCTION TRAFFIC CONTROLCONTROL/PHASING LS S 1,750.00 $ 1.750.00 $ 1,750.00 CONSTRUCTION STAKING LS $ 500.00 $ 500.00 $ 500.00 CONSTRUCTION TESTING LS $ 1,500.00 $ 1,500.00 $ !,500.00 Il. DEMOLITION/CLEARING ~. CLEARING & GRUBBING I LS S2,000.00 S2,000.00 $ 2.000.00 2. SAWCUT P.C.C./A.C.(UP TO 6") 102 LF S4.50 $3.00 $2.00 $ 459.00 3. EC.C. REMOVAL SY $30.00 S23.00 $10.00 a. CURB AND GU'VI'ER REMOVAL LF $6.0( $3.00 S2.00 5. MEDIAN REMOVAL SF S4.50 $2.25 SI.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA $300.00 I11. STORM DRAINAGE 1. 12' R.C.P. (CLASS V) 38 LF $60.00 $40.00 $20.00 $ 2~280.00 2. 15' R.C.P. (CLASS lid LF $65.00 $48.00 $38.00 3. 18' R.C.P. (CLASS I11) LF $70.00 560.00 $52.00 4. 24' R.C.P. (CLASS III) LF $80.00 , $68.00 $59.00 5. 30' R.C.P. (CLASS Ill) LF $90.00 $75.00 $65.00 6. T.V INSPECTION (12") 38 LF 531.20 $0.75 $060 $ 4-5 60 7. STD. DRAINAGE INLET EA $1,600 00 $I ,300.00 $1,000.00 C.C. DETAIL 9) 8. FLAT GRATE INLET EA $1,400.00 $1,100.00 $900.00 S 1,40000 (C.C. DETAIL 6) 9. STANDARD MANHOLE EA $2,000.00 $1,600.00 $1,3(30.00 $ 2,000/XI (C.S.J. DETAIL D-I 1) INCLUDES FRAME & LID) IQ BREAK AND ENTER MH./DI. EA $700.00 $550.00 $4.50.00 Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < S30 K $30 K to $150 K > $150 K $ AMOUNT IV. CONCRETE IMPROVEMENTS 1. SIDEWALK 204 SF 56.50 54..50 52.75 S 1,32600 2. DRIVEWAY APPROACH 320 SF $7.50 $5.50 53.75 $ 2,400.1X) 3. CURB AND GUTTER 73.4 LF $22.00 $18.00 $15.00 $ 1,614.80 4. VALLEY GUTTER SF S12.50 $10.00 $825 5, HANDICAP RAMP EA SI .200.00 6. TYPE B-I CURB LF S12.00 S9.50 S7.50 7, TYPE Al-B3 CURB LF S15.00 $12.00 SIO.OO 8. COBBLESTONE MEDIAN SURFACE SF $I2.00 $8.00 5500 9. P.C.C. DRIVEWAY CONFORM SF $7.00 $5.50 $4.50 10. A.C. DRIVEWAY CONFORM 50 SF $4.50 $3.75 S3.00 $ 2251X) V. PAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF S2.00 S3.50 52.50 2. PAVEMENT WEDGE CUT (6') LF S5.00 $2.50 SI .50 3. PAVEMENT GRINDING 580 SF 50.80 ~ $0.50 S0.35 S 464.(X) 4. PAVEMENT FABRIC (PETRO-MAT) 23 SY $2.00 $1.85 $1.50 S 46.00 5. ASPHALT CONCRETE (TYPE A) 34 T $80.00 $50.00 $35.00 $ 2,720.00 73.4)(18)(0.33)(0.0775) 6. AGGREGATE BASE (CLASS 2) 85 T $40.00 $20.00 $12.00 $ 3,400 00 (73.4)(18)(0.92)(0.070) 7. SLURRY SEAL (TYPE II) SF $0.07 $0.06 S0.05 8. SLURRY SEAL (TYPE III) SF 50.11 50.09 50.07 VI. tRAFFIC SIGNALS/LIGHTS I. ~DETECTOR LOOP (6' ROUND) EA $450.00 $300.00 5250.00 2. DETECTOR LOOP (6' x 30') EA S650.00 $540.00 5440.00 3 DETECTOR LOOP (6' x 50') EA 5900.00 $750.00 5640.00 4. ELECTROLIER I EA 52,600.00 52,200.00 $1,800.00 $ 2,600 O0 5. I 1/2" RIGID CONDUIT 40 LF 59.00 $7.(Y0 S5.00 5, 360(X) 6. 2" RIGID CONDUIT LF SI7 00 $13.0t) SI() 00 7 CONDUCTOR 120 LF $0.70 $055 50.45 Page 2 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT 8 PULL BOX (NO. 3 1/21 2 EA S300.00 $240.00 $185.00 $ 600.00 9 PULL BOX (NO. 5) EA S400.00 $350.00 $300.00 VII. STRIPING AND SIGNS 1. REMOVE PVMT. MARKINGS (PAINT) SF $2,50 $1.50 $1.00 2. REMOVE PVMT. MARKINGS (THERMO) SF S3.00 52.00 51.40 3. REMOVE PVMT STRIPING LF $1.40 $0.80 $0.40 4. STRIPING DETAIL 9 LF $1.35 50,85 50.35 4.5 STRIPING DETAIL 22 114 LF 52.25 $I 65 S 256.50 5. STRIPING DETAIL 29 LF 52.25 51 65 5120 6. STRIPING DETAIL 32 LF S2.40 $1.75 51 25 7. STRIPING DETAIL 37 (THERMO) LF $1.85 $1.50 51 00 8. STRIPING DETAIL 38 (THERMO) LF 52.50 $1.85 $1.15 9. STRIPING DETAIL 39 LF $I.50 $0.85 $0.45 10. STRIPING DETAIL 40. LF 52.20 ' $1.70 51.00 I I. LIMIT LINE LF 51.35 $1 05 S0.90 12. CROSSWALK LF 51.35 $1.05 50.90 13. PAVEMENT MARKINGS (PAINT) SF $2.50 $1.90 $1 60 14. PAVEMENT MARKINGS (THERMO) SF 55,50 53 80 $2§0 15. PAVEMENT MARKER (NON-REFL.) EA $450 $3.00 52.20 16. PAVEMENT MARKER (REFLECTIVE) EA 56.00 $4.15 S3 15 17. TYPE K MARKER EA S9500 580.00 $70.0{) 18. TYPE N MARKER EA S95.00 $80.00 $70.00 19. SALVAGE ROAD SIGN EA S8500 S75 O0 $65 /)O: 20. RELOCATE ROAD SIGN EA Sl00.O0 $8500 575.00 21 INST. RD. SIGN ON EXIST. POLE EA S200.00 514500 Sl lO.00 22. ROAD SIGN WITH POST EA S300.00 $240.00 S195.00 23 STANDARD BARRICADE LF S1500 Page 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > 5;;150 K 5; AMOUNT VIII. LANDSCAPING 1. IRRIGATION, PLANTING WORK 162 SF $8.00 $8.00 $ 1.29600 2 . PRUNE TREE ROOTS EA $125.00 $100.00 $85.00 3. TREE REMOVAL EA $650.00 $500.00 I S400.00 4. ROOT BARRIER (12") LF $20.00 $I0.00 $6.00 5. ROOT BARRIER (18") 20~ LF $25.00 $15.00 $I0.00 $ 500,I)0 6. STREET TREE (15 GAL) EA 5;450.00 $325.00 5;250.00 $ 450.00 7. STREET TREE (36" BOX) EA 5700.00 $550.00 5400.00 8. TOP SOIL BACKFILL 6 CY $20.00 520.00 $ i2000 IX. MISCELLANEOUS 1. PEDESTRIAN BARRIER LF $75.00 $60.00 55001) 2, CHAIN LINK FENCE (6') LF $15.00 $11.50 $925 3. RAISE MISC. BOX TO GRADE EA $300.00 $200.00 $175 OO 4. RAISE MANHOLE TO GRADE EA 5400.00 $275.00 $20000 5. INSTALL MONUMENT BOX EA S450.00 $350.00 $30(I.(~.) 6. MEDIAN BACKFILL CY $19.00 $17.00 $15.50 SUBTOTAL S32. I46.90 PREPARED BY: ~~ ~ 10% SECURITY ENFORCEMENT FEE $ 3.214 69 REVIEWED BY: TOTAL ESTIMATE FOR FAITHFUL S35.361 59 APPROVED BY: PERFORMANCE SECURITY S35.4(X).00 *See Section 66499.4 of the Map Act. h:landdev\ 1725buck. xls(mp) Page 4 RECORDING REQUESTED BY: AND WHEN RECORDED, RETURN TO: MARKO DUCHICH 875 EMORY AV CAMPBELL CA 95008 APR 1 9 iSBg CiTY OF CAMPBELL PLANNING DEPT. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT FOR The Parcel Map recorded in Book 403 of Maps at Pages 36 in the office of the Santa Clara County Recorder. THIS DECLARATION is made of the date set forth below by MARKO DUCHICH, ROBERT SCHAFER and JOVAN VIDOVIC, partners, as tenants in Common (referred to in this Declaration as "Declarants') 1.01. 1.02. SECTION 1: Recitals Description of Real Property_. Declarants are the owners of that certain real property located in the City of Campbell, Santa Clara County, California, which is more particularly described on Exhibit "A" attached hereto and by reference incorporated in this Declaration. Common Plan for Project. By this Declaration, Declarants intend to establish the rights of each of the lots to use the driveway and to provide a general plan for the maintenance, care, upkeep and replacement of those certain commonly maintained areas as herein described and to conform to the requirements of the Planned Development permit and conditions of approval for the Project. NOW, THERFORE, Declarants hereby declare that the real property described on Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, and every part thereof, in accordance with the plan for improvement of the Property and the division thereof into Lots. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be binding upon Declarants and their successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project. SECTION 2: Definitions In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "ARCHITECTURAL CONTROL COMMITTEE" or "COMMITTEE" shall mean the committee created pursuant to the Section bellow entitled "Architectural Control" and which is charged with architectural approval and control of the Improvements within the Project. 2.02 2.03. 2.04. 2.05. 2.06. 2.07. 2.08. 2.09 2.10. 2.11. 2.12. 2.13. 2.14. "ARCHITECTURAL COWI ttOL GUIDELINES" or "Guidelines" shah mean the written architectural review standards, if any, promulgated by the Architectural Control Committee as provided in the Section bellow entitled "Architectural Control". "Ci _ty" shall mean the City of Campbell, California, the City in which the Project is located. "Commonly Maintained Areas" shall describe and refer to the private driveway to the two half-plexes in the rear of the development, landscaping along the private driveway to the two half-plex units, the front yard area landscaping, hardscape, parking bays for the town house units, and any other improvements located on that portion of Lots A through D, inclusive as shown on the Map "Ingress, Egress, Landscaping, Utility & Fire Access Easement", as well as any public utility easement, private storm drain easement, private sanitary sewer, sewer easement, private water line easement, public service easement and landscape easement. "County" shall mean Santa Clara County, California, the County in which the Project is located. "Declarant or Declarants" shall mean the owners: Marko Duchich, Robert Schafer, and Jovan Vidovic, their successors, and assigns. "Half-Plex" shall mean a two - Unit attached structure constructed upon 2 adjacent Lots that is comprised of 2 Units that are separated at the center of an air space that is, or shall be deemed to be, the common boundary line of the Unit notwithstanding that the center of such air space may not be exactly on the boundary line separating the Lot. "Improvement" shall mean Structures, as defined herein, substantial plants such as trees, hedges, shrubs, bushes and major landscape of any kind. "Improvement' shall also mean any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface or subsurface water from, upon, under or across any portion of the Project. "Improvement" shall also mean any public utility lines, conduits, conductors for gas, electricity, telephone, cable television, private conduits for sanitary sewer systems, and common concrete driveway facility including curbs, gutters, retaining walls, fences, drainage inlets and conduits. "Lot" shall mean any parcel of land shown on the Map, including the legal re-subdivision of any such Lot into any additional parcel or parcels. "Map" shall mean that certain parcel map recorded ,1998, in book of Maps, at Page in the Office of the County Recorder, Country of santa Clara, State of California. Said Map is also described as" Exhibit A" of this Declaration. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot. A "mortgagee" shall include the beneficiary under a deed of trust. "Owner" shall mean each person or entity, including Declarant, holding a record fee ownership interest In a Lot. "Owner" shall not include persons or entities who hold an interest in a Lot merely as security for the performance of an obligation. "Party Walls" mean any improvements that are constructed on the property line of any two adjoining Lots, a portion of which is located on each of the two adjoining Lots. "Project" or "Property" shall mean the real property described on Exhibit "A" attached hereto, including any improvements erected thereon. 2.15. "Structure" shall mean any tangible thing or device to be fixed permanently or temporary to real property including, without limitation, any building, garage, driveway, walkway, concrete pad, asphalt, pad, fence, wall, pole, sign, antennae, sprinkling system, swimming pool, spa, tennis court or trash enclosure. 3.01 3.02 3.03 SECTION 3: Architectural Control General Limitation. Subject to exemptions described below, no Improvement and/or Structure may be constructed, erected, painted, altered in exterior design or color, on any portion of the Project without the prior written approval of the Architectural Control Committee ("Committee") and as required by City regulations or conditions of approval, to the extent required by all regulations administered by the City and with all conditions of this Project approval. Exemptions. Notwithstanding the Subsection above entitled "General Limitation", Committee approval shall not be required for the following: (a) Improvements constructed by, at the direction of, or with the approval of Declarants; (b) Normal maintenance of exempt or previously approved improvement; (c) Repair or rebuilding of an exempt or previously approved improvement; (d) Changes to the interior of an exempt or previously approved Structure; (e) Work reasonably required to be performed in an emergency for the purpose of protecting any person or property from damage. However, all such work shall be in accordance with all regulations administrated by City of Campbell and with all conditions of this project of approval. Architectural Control Committee. a. Number and Appointment. The Committee shall be composed of three (3) members. The initial members shall be appointed by Declarants. Declarants shall have the right to appoint replacements at any time to the Committee for a period of two (2) years from the date of recordation of this Declaration. The Committee members shall have the full authority to designate a successor in the event of death or resignation of a member, except for the power of the Declarants to appoint all members during the initial two-(2) year period. At any time thereafter, the then recorded owners of the majority of Lots shall have the power, through a duly recorded written instrument, to change the membership of the Committee. The initial Committee shall be composed of Marko Duchich, Robert Schafer, and Jovan Vidovic. Duties. (1) The Committee may adopt Architectural Control Guidelines ("Guidelines") as provided bellow and shall perform other duties imposed upon it by this Declaration or applicable law and regulations. (2) The committee shall enforce the use of those "guest parking spaces" depicted on "Exhibit A" for the intended purpose only. The committee is specifically empowered to cause to be towed from the premises any unauthorized vehicle occupying a guest parking space or any vehicle occupying a guest parking space longer than 72 hours. The Committee may specify that the owner of any vehicle parked in the tandem parking space notify a member of the Committee and be made aware that such vehicle may be required to be moved if it impedes the access of any other vehicle parked in a guest parking space. 3.04 3.05 3.06 (3) The Commiu,,e shall provide gardening services for alt me landscaping within the front Yard easement, the common landscape area along the drive way fence to the half-plexes, and the commonly maintained areas. The sprinklering systems for the commonly maintained areas shall be operated and maintained by the Committee. Address. The address of the Committee shall be determined by resolution of the Committee. Such address shall be the place for the submittal of plans and specifications and the place where current copies of the Guidelines shall be kept. Guidelines. The Committee may from time to time, adopt, or amend Guidelines prospectively. Said Guidelines shall interpret and implement the provisions of this Section by setting forth more specific standards and procedures for Committee review. Any such adoption or amendment shall be in accordance with all regulations administered by the City of Campbell and with all conditions of this project approval. eo Standards. The following minimum standards shall apply to any Improvements constructed, painted, altered, or changed on the Project: 1) All Residence shall have a minimum area as that depicted on the plans approved for this Project. 2) All lots shall have a minimum of two enclosed parking spaces. All owners shall have the duty to maintain all such parking spaces so as to be continuously accessible for vehicle parking. All parking spaces identified, as such on Project approval documents shall be continuously accessible for guest vehicle parking. 3) All exterior trim color shall conform to the color scheme initially established by the Declarants and the Committee. Review and approval. In the event the Committee fails to notify the applicant of the action taken by the Committee within thirty-five (35) days after sufficient submission of an application, the application shall be deemed approved. Inspection Non-compliance. The Committee or any authorized representative shall have the right during normal business hours, after fourthly-eighth hour (48) hours notice to the Owner thereof, to enter upon any portion of the Project for the purpose of determining whether or not any work is being performed or was performed in compliance with this Declaration and the Guidelines. If at any time the Committee determines that work is not being performed in compliance with this Declaration and the Guidelines, whether based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved work or otherwise, the Committee shall notify the Owner in writing of such non-compliance specifying the particulars of non- compliance, and requesting the Owner remedy such non-compliance within a reasonable and specified period. In the event that the Owner fails to remedy such non-compliance within the specified period, the Committee shall have the right and duty to remedy the non-compliance in any appropriate manner permitted by this Declaration and Guidelines, if any, or as otherwise permitted by law or in equity, including, but not limited to removing the non-complying improvement, completing the non-complying improvement, or recording a notice of non-compliance or non-completion on the property, as appropriate. The Owner shall have the obligation to reimburse the Committee for any costs incurred in enforcing these provisions. Liability. Neither the Declarants, the Committee, nor any member of the Committee shall be liable to any Owner or to any third party for any damages, loss, or prejudice suffered or claimed on account of (a) (b) (c) the approval t,, disapproval of plans, drawings, and spetafications, whether or not defective, the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, the development of any property within the Project, 15r The execution and filing of a notice of non-compliance or non-completion pursuant to section 3.05, whether or not the facts therein are correct, if the Declarants, the Committee, or such Committee member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not by way of limitation, it is understood that plans and specifications are not approved for engineering design and by approving such plans and specifications neither Declarants, the Committee, nor any Committee member thereof, assumes liability or responsibility therefor, or for any defect in any structure constructed from such plans and specifications. Section 4: Use Restrictions 4.01 Use of lots. Any use of the land affected by this Declaration shall be in accordance with all regulations administered by the City of Campbell and with all conditions of this project approval. No lot, or any portion thereof, shall be occupied and used except for the site of a single-family Residence by the Owners, their contract purchasers, lessees, tenants or social guests. This Subsection is intended to exclude every form of boarding or lodging house, sanitarium, and hospital and the like. No trade, business, or commercial activity will be carried on or conducted upon any Lot, exept as follows: a. Declarants, its successors or assigns, may use any Lot in the Project owned by a Declarants for a model home site and displays and sales office during construction and until the last lot is sold by Declarants. b. This Subsection shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a Residence, are permitted by the city of Campbell, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval from the Committee. 4.02 Vehicle restrictions. No trailer, camper, mobile home recreational vehicle, commercial vehicle, truck (other than standard size pickup truck) inoperable automobile, boat or similar equipment shall be permitted to remain upon any area within the Property, exept within an enclosed garage, other than temporarily, not exceed forty eight hours. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles be unobtrusive and inoffensive as determined by the Committee. No noisy or smoky vehicles shall be operated on the Property. No off-road unlicensed motor vehicles shall be operated upon the Properly. 4.03 Signs. No sign of any kind shall be displayed to the public view on or from any property without the approval of the Committee except as follows: a. One sign of customary and reasonable dimension advertising a lot for sale, lease, rent, or exchange displayed from a lot; and b. Such signs as may be used by Declarants or their assignees in connection with the development of the Project and sale of Lots; and c. Guest parking signs as required by the Improvement Plans approved for this Project. 4.04 Animals. No animals or birds of any kind shall be raised, bred or kept on any Lot or portion of the Property, except that usual and ordinary household pets such as dogs, cats, or birds may be kept, provided they are not kept, bred, or maintained for any commercial purposes, and they are kept under reasonable control at all the times. Notw,mstanding the foregoing, no pets may be &ept on the Property, which result in an annoyance or nuisance to other Owners. 4.05 Trash: Storage of Materials. All garbage and trash shall be regularly removed from the Property, and shall be regularly removed from the Property, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot except for a reasonable time prior to or after collection. All woodpiles or storage piles shall be kept screened and concealed from view of other Lots and the Road. Garbage and trash shall be placed for pick up as required by the disposal service and any rules adopted by the Committee. 4.06 Antennae: Roof Projections. No antennae, towers, aerials or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained on any Lot except installations within Structures constructed on a Lot or by underground conduits. Not such item or equipment shall be erected or maintained upon the outside of any building on the Property unless the same has been approved in writing by the Architectural Control Committee and the City of Campbell. 4.07 Design and Construction Restrictions. The construction of improvements on each Lot is subject to the "Guidelines", if any, as promulgated by the Committee and to all regulations administered by the City of Campbell. 4.08 Building location. No building shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines as required by the City. 4.09 Window Coverings. Window shall be covered only by drapes, shades, or shutters and shall not be painted or covered by foil, cardboard, sheets or similar materials. 4.10 Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible from the Road or neighboring Lot. 4.11 Maior Applications. No major appliances, including, without limitation, clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area of any Structure or Improvement. 4.12 Drainage. No owner shall do any act or construct any improvement which would interfere with the natural or established drainage systems or patterns within the Project without the approval of the Committee. 4.13 Nuisances: Offensive Activities. No noxious, illegal, or seriously offensive activities shall be carried on within any Lot, or in any other part of the Property, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Owner's Lot, or which shall in any way increase the rate of insurance for any other Lot (or Owner). 4.14 Temporary Structures. Structures which are temporary in character, including, without limitation, any trailer, tent, shack, garage, barn or other out-building, shall not be used as a Residence on any Lot at any time; provided, however, that (a) Declarants reserve the right to construct and maintain temporary buildings, structural and vehicles on the Property in connection with the construction and administration of initial improvements; and (b) this subsectio, shall not be construed or interpreted to prohibit the erection or construction of structures permitted pursuant to Section 714.5 of the Civil Code of the State of California. 4.15 Sports Fixtures. No basketball standards, hoops, backboards, or other fixed sports apparatus shall be attached to any Residence or structures or erected on any Lot without the prior approval of the Committee. 4.16 Owner's Maintenance Obligation. Except for any Commonly Maintained Areas, or other-wise provided for in this Declaration, each Owner shall be solely responsible for maintaining in good condition and repair his Residence and Lot, all improvements and landscaping thereon. Any such maintenance or repair shall in conformance with all regulations of the City of Campbell and the standards administered by the Architectural Control Committee. If an Owner fails to maintain his/her Lot as provided herein in a manner which the Committee reasonably deems necessary to preserve the safety, appearance and/or the value of the project, the Committee may notify the Owner of the work required and request that it be done within a reasonable and specific period. If the Owner fails to perform such maintenance and/or repairs within said period, the Committee shall have the right to enforce compliance with 8.07 of this declaration. 4.16.1. Common Roof and Shared Building Walls of Half-plex Units. a) Routine Repair and Maintenance. Each Owner shall perform routine maintenance and repair of the potion of the Common Roof and Shared Building Wall that is within his Lot at his own cost as long as such maintenance and repair does not extend into the portion of the Common Roof and shared Building Wall that is within the contiguous Unit that shares the use of such Common Roof or Shared Building Wall. Any routine repair and maintenance that extend into the Common Roof or Shared Building Wall of both units of a half-plex shall be performed by a licensed contractor mutually acceptable to both Owners and the cost of such work shall be allocated to the Owners who share the use of such Common Roof or Shared Building Wall in the manner set forth below for the allocation of costs and expenses unless otherwise agreed to by both such affected Owners. b) Major Damage or Destruction. In the event that the entire Common Roof or Shared Building Wall is substantially damaged or destroyed, the Owners who have the use of such Common Roof or Shared Building Wall shall cause such Common Roof or Shared Building Wall to be repaired or replaced as necessary. In the event that such Owners are unable to reach agreement on effecting such repair or replacement of the Common Roof or Shared Building Wall on matters such as the choice or contractor, cost, design,' roofing materials, or colors, the procedure described in subsection d) shall apply. c) Procedures for Instigating Action. Any owner of a Lot that shares a half-plex with another Lot may initiate the procedure for effecting any repair or replacement of a Common Roof or Shared Building Wall the cost of which is to be shared by the Owners of the Lots that share the use of the Common Roof or Shared Building Wall. A written notice from an Owner of a Unit in a half-plex shall include the amount of the bid obtained by such owner for the repair or replacement of the Common Roof or Shared Building Wall and the name of the licensed contractor that submitted such bid. The Owner who receives such notice shall have fifteen (15) days from and after the delivery thereof to approve such bid and the use of such licensed contractor or to submit a bid from a licensed contractor of his choice for the completion of the work. If the Owners are not able to agree on the bid and the selection of the licensed contractor, the procedure described in subsection d) below shall apply. d) Procedure for Resolving Disputes. If the Owners are unable to agree on matters such as the choice of a licensed contractor, cost, cost, design, roofing materials, or colors within a period of fifteen (15) days from the date of delivery of notice from one such Owner to the other Owner of the half-plex advising of the need for any repair or replacement of a portion of the Common Roof or Shared Building Wall that affects such other Owner, the recipient of such notice shall obtain a bid from a licensed contractor of his choice and the two Owners shall then obtain a third bid fi.om a licensed contractor mutually acceptable to both Owners and the job of repair or replacement of the Common Roof or Shared Building Wall shall be awarded to the licensed contractor that submitted the lowest bid. If the Owners are unable to agree on design, materials, or colors, the Common Roof or Shared Building Wall shall be replaced with a roof or wall of the same design, material and color as originally constructed by the Declarants. However, not withstanding the forgoing, in the event that an owner fails to (I) respond to any notice, (II) obtain price bit, (III) execute a contract for the completion of work within fifteen days (15 days) of the receipt of written notice from the other Owner, such other Owner shall have the right to proceed with the work of effecting the repair and replacement of the Common Roof or Shared Building Wall as necessary to protect his Unit. e) Allocation of Costs and Expenses. The costs and expenses in connection with the repair and replacement of a Common Roof or Shared Building Wall shall be allocated to a Unit on the basis that gross square footage of the Common Roof or Shared Building Wall, or the portion thereof that is being replaced upon or within a Unit, bears to the square footage of all of the Common Roof or of the Shared Building Wall of the half-plex that is being replaced. 4.16.2 Exterior Maintenance of Half-plex Units. a) Maintenance Responsibili _ty. Each Owner of a Unit within a half-plex shall perform the routine maintenance and repair, to include the exterior painting thereof, of that portion of such half-plex that is within his Lot. Any such maintenance and repair shall conform with all regulations and conditions of the City of Campbell and the standards administered by the Architectural Control Committee. b) Reconstruction of Half-plex. Any reconstruction of a Unit that is not reconstructed in the style as originally constructed by Declarants must have the approval of both Owners of the half-plex, and the Committee. 4.16.3 Damage or Destruction of Half-plex Units. The Owner of any Unit that has been damaged or destroyed by fire, casualty or any other reason to the extent that such damage or destruction is detectable or visible from the exterior of the Unit or that affects or impacts the use and enjoyment of the other Unit that is within the half-plex in which the damaged Unit is located shall commence the repair or reconstruction activities as soon as practicable. Such Owner shall commence and prosecute to completion as soon as reasonably possible any emergency repair involving potential danger to life or property or as necessary so as not to deprive the other Owner whose Unit is located within the half- plex in which such damaged Unit is located with the use of his Unit. In the event that the owner of a damaged or destroyed Unit within two (2) months from the date of the damage 4.16.4 4.16.5 4.16.6 4.17. or destruction, ~ach owner must, within such two-month period of time, restore the Lot to a clean and presentable condition. Any Owner who has commenced the repair and reconstruction of any damaged or destroyed Unit must diligently prosecute such repair and reconstruction to completion. Willful or Malicious Damage of Half-Plex Units. In the event that any portion of a Common Roof, or any other portion of a Unit has been damaged or destroyed by an negligent or malicious conduct or omission of one of the Owners who shares the use thereof, his family, guests, employees, tenants, or agents, such Owner shall be responsible for the cost of repairing such damage. Any increase in insurance payable by an Owner that is a direct result of damage by any such negligent or malicious act or omission of a particular Owner, or any of such Owner's family, guests, employees, tenants, or agents, shall also be paid by such Owner. Treatment for Wood-destroying Pests for Half-plex Unit a) Temporary Relocation. If It becomes necessary to institute any treatment for wood-destroying pest or organisms that require that a half-plex be vacated in any period of time, both Units within such half-plex shall be vacated during the period of the treatment so that the half-plex can be promptly and effectively treated. The Owners will be responsible for the temporary relocation of the occupants of their unit during the period of any such treatment. b) Procedure for Instigating Action. Any Owner of a Unit in a half-plex may initiate the procedure for effecting any treatment for wood-destroying pests or orgamsms the cost of which is to be shared by the Owners of both of the Units within a half-plex by providing written notice of such action to the Owner of the other half-plex. A written notice in connection with the treatment of wood-destroying pests or organisms shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date on which the Unit must be vacated and shall include a copy of notice issued by a licensed pest control operator evidencing the need for such treatment, the date and time that the treatment is to commence and the time of the termination of the treatment. c) The costs and expenses in connection with the treatment for wood-destroying organisms shall be allocated to a Unit within the half-plex in the proportion that the gross square footage of such Unit bears to the total gross square footage of both of the Units within the half-plex. Maintaining Fund Effective as of the date of recording of this Declaration, Declarants shall have deposited in a federally charted bank or savings and loan, the sum of Four Thousand ($4,000) Dollars to be maintained at this minimum amount and to be applied towards the costs of maintenance set forth in this Section 4.16. Such account shall be an interest bearing trust account and shall be administered by the Owners. The signatures of not less than two (2) Owners shall be required to withdraw funds from said account. No withdrawal from said account shall be made in any case where the maintenance, repair, or replacement is covered over by a warranty given by the applicable contractor or where such work is the obligation of such contractor or the Declarants. The Owners shall have the duty to determine the acceptable level of the above referenced account and may, at their discretion, increase said account by assessing each owner for projected expenditures. Compliance with Declaration. Each Owner, contract purchaser, lessee, tenant, guest, invitee, or other occupant of a Lot shall comply with the provisions of this Declaration. 5.01. 5.02. 5.03. 5.03.1 5.03.2. SECTION 5: Ownership and Easements Ownership of Lots. Title to each Lot in the Project shall be conveyed in fee to an Owner. If more than one person and / or entities owns an undivided interest in the same Lot, such persons and / or entities shall constitute one Owner. Each Lot shall be subject to the easements described in Section 5.0.3, below. Party Walls. The following provisions shall apply with regards to Party Walls in this development: a) General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners on each side of the Party Wall. d) Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty, the owner on either side of it may restore it, and that other owner shall contribute one-half of the cost of restoration, without prejudice however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or willful acts or omissions. e) Weatherproofing. Notwithstanding any other provision of this Section, an Owner, who by his negligent or willful act causes the Party Wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. Right to Contribution Runs with Land. The fight of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successor in title. g) Arbitration. If any dispute arises concerning a Party Wall, or under the provisions of this Section, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators Easements. Each of the easements reserved or granted herein shall be deemed to be established upon the recordation of this Declaration, whether or not they are set forth in the grant deeds to Lots, and shall thenceforth be deemed to be covenants running with the land for the use and benefit of the Owners and their Lots superior to all other encumbrances applied against or in favor of any portion of the Project. Easements On Map. The Lots are subject to the easements and rights of way shown on the Map. Additional Easements. Notwithstanding anything expressed or implied to the contrary, this Declaration shall be subject to all easements granted by Declarants for the installation and maintenance of utilities and drainage facilities necessary for the development of the Project. 5.03.3. 5.03.4. 5.03.5. 5.03.6. 5.03.7 Storm Drains. There are reserved and granted for the benefits of each Lot, as dominant tenement, over, under, across and through the Project, as the servient tenement, non- exclusive easements for surface and sub-surface storm drains and the flow of storm waters in accordance with natural drainage patterns and the drainage patterns and improvements installed or constructed by Declarants. Party Fences. Each Owner of a Lot containing a parry fence and the Lot upon which such party fence is located shall have a reciprocal easement over and across such portions of the contiguous Lot as is necessary to maintain such fence. Driveway Easement. Each Owner shall have and enjoy a non-exclusive easement and right to use the Driveway for ingress and egress by vehicles and pedestrians and to use the designated guest parking spaces for the specified purpose of guest parking only and for a term not to exceed 72 hours. Each Owner shall have the right to install, maintain and replace as necessary utilities, pipes, lines, wires, and conduits which serve that Owner's Lot; provided, however, each owner shall repair and damage to the surface of the drive way resulting from the Owner's installation or repair of such pipes, lines, wires or conduits. The rights created by this section shall be appurtenant to the interest of the Owner in the Lot and shall pass to successor Owners of the Lot. Front Yard Easement. The term "from yard area" herein shall mean, and refer to that portion of each Lot which would commonly be referred to as a front yard or side yard. Front yard area shall not include those portions of a Lot which are covered by structural improvements or which are enclosed for the private use of an Owner and shall include any entry walkways. The precise area of each Lot which constitutes front yard area shall be determined by actual location of the umt and any fence improvement constructed thereon. The Committee shall have an easement in and across every front yard area within the development for the purpose of planting, replanting, watering, cutting, removing or otherwise caring for the landscaping in the front yard area of each Lot as may be reasonably necessary to perform its obligation under this Declaration. No front yard landscaping designated as common landscape area shall be undertaken by any owner until plans and specifications showing the nature, kind, shape and location of the materials have been submitted to and approved in writing by the Committee and the City. Half-plex Easements. a) Support, Settlement and Encroachment. Structures. The easements reserved in the subsection entitled "Support, Settlement and Encroachment" of this Declaration for (i) support, the accommodation of the natural settlement or shifting of any portion of the improvements and for the maintenance thereof, and (ii) minor encroachments by reason of any roof or eave overhang from a Unit and for the maintenance of such roof or eave overhang by the Owner of the dominant tenement for as long as such encroachment exists also applies to the Unit within a half-plex and for the Party Wall that separates the Units of the half-plex. (2) Common Roof and Common Foundation. There is hereby reserved to Declarants, together with the right to grant and transfer same, an easement for the support, settlement and encroachment of the Common Roof and the common foundation that is within his Lot and neither Owner who shares a Common Roof and common foundation shall use any portion t.¢reof with the use any portion thereof so as to interfere with the use and enjoyment of the other Owner who shares the use thereof. b) Drainage. There is hereby reserved to Declarants, together with the right to grant and transfer same, an easement over the Common Roof of a Unit for surface drainage which easement shall be appurtenant to the Unit within such half-plex receiving the benefit thereof. c) Ingress and Egress. There is hereby reserved to Declarants, together with the fight to grant and transfer same, an easement over each Lot that contains a portion ora half- plex for reasonable ingress and egress for the repair and maintenance of the Common Roof and half-plex as set forth above, which easement shall be appurtenant to and for the benefit of the contiguous Lot that shares the use of the half-plex. c) Indemnity. Each Owner who acquires the easement rights described in the Subsection entitled "Half-plex Easement" (the "Benefited Property Owner"), by the acceptance of the conveyance of such Lot, agrees that he shall indemnify, protect, defend and hold harmless the Owner of the contiguous Lot that shares the half-plex of such Owner (the Burdened Property Owner") from and against any and all claims, obligation, expenses, liabilities or costs including but not limited to attorneys' fees, for property damage or bodily injury, sickness, disability, disease, or death of any person or persons arising directly or indirectly from the use of the easements caused in whole or in part by Benefited Property Owner, his employees, contractors, or agents, exept to the extent that such claim obligation, expense, liability or cost arises out of the willful or negligent acts or omissions of Burdened Property Owner. Each Burdened Property Owner of a Unit encumbered by the easement right described in the Subsection entitled "Half-plex Easements" agrees to indemnify, protect, defend and hold harmless the Benefited Property Owner receiving the benefit of such easement, from any against any and all claims, obligations, expense, liabilities and costs, including, but not limited to, attorneys' fees, for property damage and bodily injury, sickness, disability, disease or death of any person arising directly or indirectly from interference with the Benefited Property Owner, its employees, contractors or agents, except to the extent such claim, obligation, expense, liability or cost arises out of the willful or negligent act or omission of such Benefited Property Owner. SECTION 6: Voting Rights and Maintenance Obligation 6.01. The Owner or Owners of each Lot subject to this Declaration shall be entitled to one (1) vote, and any one (1) or more of the Owners of said property may cast the vote provided that, in the event of a dispute among owners of one Lot the majohty shall be entitled to vote and, if no clear majority can be obtained, the Owners shall lose their right right to vote. In the event any Owner redivides, gives, sells transfers, conveys, or assigns any real property or portion therefor described in this Declaration so as to create an additional Lot, separate and distinct of the Lots as they exist as of the date of this Declaration, then a separate vote shall come in to existence for that separate Lot. For the purpose of this Declaration, the Owner who has fee title to said Lot or Lots shall be entitled to vote, provided that if said Owner sells under contract of sale then they, by said contract, may convey to the purchaser thereon the fight to vote in this said Declaration. Voting shall be undertaken on all matters that affect the provisions of this declaration. With the exception of Subsection 8.03, "Automatic Revocation", matters requiring a vote shall require the written consent of three (3) Owners in order to be affective. 6.02 6.03 6.04 6.05 6.06. 6.07 6.08 6.09 Repairs and maintenance to be undertaken and performed under this Declaration include only such as shall be required to maintain and repair the said Commonly Maintained Areas as originally constructed, provided that nothing herein contained shall prevent the Owners by unanimous agreement as to the respective Lots to cause improvement over and above the maintenance and repair herein provided to take place. Any such over and above maintenance and repair shall be in accordance with all regulations and conditions of the city of Campbell and the standards administered by the Architectural Control Committee. Each Lot Owner agrees to bear and pay a percentage of the cost of maintenance and repair, as shall be equal to the total number of Lots having the benefit of or use of, any portion or all to the Commonly Maintained Areas as shall be determined by dividing the Lot owned by the said Owner by the total number of Lots using or benefiting from said Commonly Maintained Areas or portion thereof. It is specifically understood that all Owners of the real property described herein shall be, as of the recordation of this Declaration, responsible for the maintenance and repair of the Commonly Maintained Areas. Lot Owners shall be assessed and billed on an annual basis unless the Owners, by majority vote, elect to adopt some other basis for collection. Each Owner agrees not to undertake any additional repairs or maintenance not specific in this Declaration without first obtaining the express written consent of all other Owners. Each Owner shall have a clause in his homeowners policy to cover any liability arising from personal injury or property damage other then that attributable to the normal repairs or maintenance undertaken pursuant to this Declaration. Any damage and/or destruction of Commonly Maintained Areas shall be the equally shared responsibility of all Lot Owners, except damage or destruction caused by the willful or negligent acts of a Lot Owner, his family, guests or invitees, which shall be the sole responsibility of that Lot Owner. The Committee shall be responsible for the collection and disbursement of the money for maintenance and repair of the Commonly Maintained Areas. Each Owner shall be responsible for maintaining his or her own insurance. The Owner of a Half-plex unit shall obtain and maintain as his/her expense fire and casualty coverage in an amount equal to 100% of the replacement cost of the Unit. Each Owner hereto agrees to bear liability in the same percentage as they share the costs of repair and right to vote as specified above, for any personal injury or property damage to any worker employed to make repairs under this Declaration. The Owners agree that they shall meet in a majority at least once annually and, by majority vote, make and assess each owner under the method provided in Section 6.031 above, for the maintenance and repair of said Commonly Maintained Areas. The annual assessment, together with interest, cost of collection, and responsible attorney's fees, shall be a personal obligation of each person, firm or entity who was an Owner of Lot at the time when assessment became due and payable. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed by them, but no such assumption shall relieve any owner personally obliged hereby for delinquent assessments from such Owner's personal liability therefor. Any disputes between an Owner(s) and the Declarants or any employee, subcontractor or agent of the Declarants relating to this Declaration, the use or condition of the Property, and/or the design, construction and installation of any improvement located thereon shall be subject of the following provisions: a) c) c) Notice. Any Person with a claim against the Declarants or any employee, subcontractor or agent thereof (collectively the "Declarants" for purposes of this section) shall notify the Declarants in writing of the claim, which writing shall describe the nature of the claim and the proposed remedy (the "Claim Notice") Right to Inspect and Right to Corrective Action: Within a reasonable period after receipt of the Claim Notice, which period shall not exceed 60 days, the Declarants and the Claimor shall meet at a mutually acceptable place within the Development to discuss the claim. At such meeting or at such other mutually agreeable time, Declarants and Declarants' representatives shall have full access to the Property that is subject to the claim for the purpose of inspecting the Property. The properties shall negotiate in good faith in an attempt to resolve the claim. If the Declarants elect to take any corrective action, Declarants and Declarants' representatives and agents shall be provided full access to the Development to take and complete corrective action. Mediation: If the parties cannot resolve the claim pursuant to the procedures described in Subparagraph (b), above, the matter shall be submitted to meditation pursuant to the meditation procedures adopted by the American Arbitration Association. Written notification to the Owner(s) in necessary to preserve any Owner(s) rights under any applicable statue of limitations, provided that the Owner(s) shall take no further steps in prosecuting the action until it has complied with the procedures described in this section. Not withstanding any other provisions herein to the contrary, in any dispute between any Owner and the Declarants, each party shall bear it's own attorney's fees. Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the course of effecting a settlement or compromise and as such shall not be admissible on the part of any party or any representative or agent of that part to be utilized for any such purpose in any action or proceeding. Notwithstanding the provisions of this section, any Owner(s), or the Declarants shall not be obligated to participate in the mediation proceedings described herein if, prior to the commencement of the proceeding, that party makes a good faith determination, supported by valid and sufficient reasons that such participation is not in that party's interest and notifies the other party in writing of it's determination not to participate. Nothing herein shall be considered to reduce or extend any applicable statue of limitations. SECTION 7: Mortgage Protection 7.01 Mortgages permitted. Any Owner may encumber his Lot with Mortgages. 7.02 Priority of Mortgage. Notwithstanding any other provision of this Declarant, it is hereby provided that a breach of any of the conditions contained in this Declaration, by any owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to said Lot or any part thereof. 7.03. Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions, restrictions, declarations, easements and limitations of this Declarauon shall be binding on any Owner whos~ title is derived through forfeiture, sale, trustee's sale, or otherwise. 8.01. 8.02. 8.03. 8.04 8.05 8.06. 8.07 SECTION 8: General Provisions Term.. The declarations, covenants, conditions, recitations, limitations, and easements of this Declaration shall run with and bind with the Property, and shall insure to the benefit of and be binding on the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Subsection below entitled, "Amendment; Revocation", they shall be automatically extended for successive periods of 10 years. Notices. Notice provided for in this Declaration and the Guidelines shall be in writing and shall be deemed sufficiently given when delivered personally or within seventy-two (72) hours after deposit in the United States mail, postage prepaid, addressed to an owner at the last address such Owner designates to the Committee for delivery of notices, or in the event of no such designation, at such Owner's last known address, or if there be none, at the address of the Owner's Lot. Notices to the Committee shall be addressed to the address designated by the Committee by written notice to all Owners. Amendment: Revocation until conveyance of the first Lot, Declarants shall have the unilateral right to amend or revoke this Declaration. After the first conveyance of a Lot, this Declaration shall be (a) amended only upon the written approval of the then record Owners of at least sixty-six and two- thirds percent (66-2/3%) of the Lots, or (b) revoked only upon the written approval of the then record Owners of at least seventy-five percent (75%) of the Lots. If co-owners of a Lot are unable to agree among themselves as to how their vote shall be cast in the manner addressed in this Subsection, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he was acting with the authority and consent of all other Owners of the same Lot. An amendment or revocation shall be effective when it has received the required percentage approval and has been recorded in the Office of the Country Recorder. Severabili _ty. Should any provision or portion of this Declaration be declared invalid or in conflict with any law of the jurisdiction where this Project is located, the validity of all other provisions and portions of this Declaration shall remain unaffected and in full force and affect. Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. Right of Access and Completion of Construction. Declarants, their contractors and subcontractors shall have the right to (i) obtain reasonable access over and across the Project and/or do within any Lot owned by it whatever is resonably necessary or advisable in connection within the completion of the Project and (ii) erect, construct and maintain within any Lot owned by it such structures as may be resonably necessary for the conduct of its business to complete the work, establish the Project as a residential community and dispose of the Project in parcels by sale, lease or otherwise. Enforcement. The Committee or any Owner shall have the right to enforce compliance with the Ddeclaration in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Declaration, and to enforce the collection of money for the maintenance and repair of the Commonly Maintained Areas. In the event the Committee or any Owner shall employ an attomy to enforce the provisions of the Declaration against any Owner, the prevailing party shall be enfitl¢cl to resonable attorneys' fees and costs m addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred be any other Owner or Committee persuant to authorization contained in the Declaration. All inforcement powers of the Committee or any Owner shall be cumulative. Failure by the Committee or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the fight to do so thereafter. 8.08. The Declarants expressly name the City of Campbell a Third Party Benificiary of the benefits and obligations created by this Declaration. The City of Campbell therefore has the right, but not the duty, to enter upon the Properties described in "Exhibit A", after reasonable notice to the affected Owner(s) and after giving an opportunity for a hearing, to make or cause to be made any repairs or engage in any maintenance necessary to abate any nuisances or health hazards, or to remedy the violation of any condition of approval of Planned Development Permits PD 98-01 and where appropriate, to assess the parcel Owners for any such repair and maintenance. IN WITNESS WHEREOF, Declarants have executed this declaration. DATED: April 15, 1999 Marko Duchich Robert Schafer Jovan Vidovic RESOLUTION NO. 9445 BEING A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PD 98-01) TO ALLOW THE CONSTRUCTION OF THREE RESIDENTIAL UNITS ON PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF lVlR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. PD 98- 01. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council finds as follows with respect to application PD 98-01: 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. The proposed density of 8.89 units per gross acre is no greater than the density allowance of 14-20 units per gross acre as permitted under the General Plan land use designation of Medium Density Residential for the project site. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of a maintenance agreement and CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. A~ initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable enVironment and use of the land.than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. City Council Resolution PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer Page 2 The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted to construct a 3-unit townhouse development consisting of one detached unit facing Bucknall Road and two attached units at the rear of the property located at 1725 Bucknall Road. The building designs shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: A,. Site plan and conceptual landscape plan prepared by Lyrme Birch, Architect, dated as revised on August 17, 1998. B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised on August 17, 1998. ~C. Color/material board and colored elevations submitted by Lynne Birch, Architect. D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on _j~/August 14, 1998. City Council Resolution PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer Page 3 ~. Building Details and Colors: A. The applicant shall provide an alternate color scheme (including colors for the body of the building, trim and roof tiles) for one of the two buildings to encourage variation within the project. The alternate color scheme shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the site and shall be a color scheme which is compatible with the proposed building and surrounding neighborhood. Bo The applicant shall provide supplemental design features (i.e. addition of decorative tiles on the building) as an enhancement to vary the appearance between the detached and attached units. The supplemental design features shall require review and approval by the Community Development Director prior to installation. C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall of the building to provide a sense of depth from the building. 3. Building Division Requirements: The following conditions are based upon occupancies most closely resembling single-family residences (R-3) and private garages (U-1): Provide one (1) hour protection for roof framing members within five (5) feet of the property line (where framing is parallel) as a substitute for a parapet at the common property line between the townhouses per UBC 709.4.1. No openings are permitted in the roof in this area. B. Provide a modified one (1) hour separation between residences and .garages. No combustible penetrations permitted in these separations per UBC 302.4. C. The applicant shall provide a copy of the conditions of approval for the project to be printed on the cover sheet of the plans submitted for any building permits for the project. D. Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. Landscaping: A. The applicant shall submit a landscape and irrigation plan to be reviewed~d al~proved by the Community Development Director prior to issuance of.-arrf:lSfi~idin§~~ for the site. The landscape and irrigation plans shall designate all ianris~ap-e-d-~a~~ to be "commonly" maintained throughout the development. City Council Resolution PD 98-01 - 1725 Buck:hall Road- Duchich/Vidovich/Shafer Page 4 B. Removal of any trees shall require replacement of trees on site in accordance with City's Water Efficient Landscape Standards (W'ELS). C. All landscaping installed as required per the approved landscape plan shall be maintained in good health. D. The minimum width of the planting area of the planter strip along the east side of the property adjacent to the common driveway shall be two (2) feet. 5. Parking and Driveway: All parking and driveway areas shall be developed in comphance with Chapter 21.50 of the Campbell Municipal Code. {}. )Covenants, Codes and Restrictions (CC&Rs): The applicants shall be required to submit for ~ /review and approval by the City Attorney, City Engineer and Community Development Director a copy of the maintenance agreement and CC&Rs which shall include the following: A. Formation of a..home oWner's association to ensure the long term maintenance of buildings and pr~)~-e-rties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Description and map illustrating "common" areas to be maintained. D. Provision of maintenance for "common" landscaping within the project site by the homeowner's association. E. Provision for the long term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of"common" areas and shared building walls and roofs. G. Naming of the City as a third party beneficiary with the oppommity to lien~properties for , any breach of the maintenance agreement and CC&Rs. ~ Provision that the garages in the three units be maintained in such a way that they are available for the parking of vehicles at all times. 7. tPark Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon ~/development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single-family residence. Full payment of this fee is due prior to issuance of a certificate of building occupancy. o Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence with stucco pilasters capped with tile along the front property line of the project facing Bucknall Road. Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. City Council Resolution PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer Page 5 o 10. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units, shall be located within the common lot or within commonly maintained areas of the project site. 11. 12. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 13. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. 14. Garages: The developers shall add language to the CC&Rs which mandates that garages be maintained at all times in such a way that they are available for the parking of automobiles. CEJS~rRAL FIRE DISTRICT: ~4~. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 15~0 feet of travel distance from the eenterline of the roadway containing public fire hydrants. Provide an approved residential fire sprinkler system throughout all portions of the building of Lot C. .P~UBLIC WORKS DEPARTMENT: '~16tRevision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the ~/following shall be included on the Tentative Map: · City of San Jose/City of Campbell City limit line · Drainage pattern for lots and any lot to lot drainage easements needed. · Removal of the P.S.E. designation on Parcel "D" [17.Final Parcel Map: Prior to issuance of any building permits for the site, theshall applicant submit.a Final Parcel Map for recordation upon approval by the City. The cun'ent plan check fee is $1,060 plus $25 per parcel. City Council Resolution PD 98-01 - 1725 Buck:nall Road- Duchich/Vidovich/Shafer Page 6 ,~18. Preliminary Title Report: Prior to recordation of the Final Parcel the Map, property owner shall provide a current Preliminary Title Report. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the property owner shall grant 30 feet of right-of-way for public street purposes along the Bucknall Road frontage. The acceptance of this right-of-way will require City Council approval. 20. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. 21 · Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centefline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side of Bucknall Road. · One new public street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the .,City Engineer. 7//22· All water meters and sewer clean-outs on private property. · City of San Jose Permit: Ail utility connections to facilities located w/thin the city limits of San Jose will require a permit from San Jose. ~/~'3. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company, and shall provide evidence from all utilities that the proposed development can be served and that the public utility easements are adequate. City Council Resolution PD 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer Page 7 24. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Maintenance Securi _ty: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithfial Performance Bond. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 27. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The cun'ent fee is $ 2,000 per acre o~~5 28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. 29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. City Council Resolution PD 98-01 - 1725 Bucknall Road- Duchich~idovich/Shafer Page 8 PASSED AND ADOPTED this 6th day of October , 1998, by the following roll call vote: AYES: COUNCILME~E~: Conant, Furtado, Watson NOES: COUNCILMEMBERS: Dean ABSENT: COUNCILM~iVIBERS: Dougherty ABSTAIN:. COUNCILNiEMBERS:APPROVED:None Ye ybee, City Clerk , , ~ ,- IS A TRUE ~ ~LE IN ~HiS Ot ~C~ RESOLUTION NO. 9446 BEiNG A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENTATIVE PARCEL MAP TO ALLOW THE CREATION OF THREE RESIDENTIAL LOTS AND A COMMON LOT AND AUTHORIZING THE CITY CLERK TO ACCEPT DEDICATION OF RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES ON PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. PM 98-01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PM 98-01: The proposed subdivision density of 8.89 units per gross acre is no greater than the density allowance of 14-20 units per gross acre permitted in the Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. o The provision of a maintenance agreement and CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 4. Dedication for public street purposes is necessary to provide for and promote the orderly develgpment of the project. 5. The City Clerk is authorized to accept the required dedication for public street Purposes. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed subdivision is consistent with the General Plan. · The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. City Council Resolution PM 98-01 - 1725 Bucknall Road -Duchich/Vidovich/Shafer Page 2 o No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions, will have a significant adverse impact on the environment. 4. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted for a Tentative Parcel Map allowing the creation of three (3) residential lots and a common lot for the development of a townhouse project on property located at 1725 Bucknall Road. The map shall substantially conform to the map prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as may be modified by the Conditions of Approval herein. 2. property Maintenance: The property shall be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures on the property shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. / 3. ~ark In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation o£the ~, ?final subdivision map. ______~ ...... -~' 4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given for the existing single-family residence on the property. ~5/~ee Pr°tection/Replacement Plan: Applicant to submit a tree protection plan fOr approval the Comanunity Development Director addressing retention of existing trees and replacement of removed treesfionsistent with the Water Efficient Landscaping Standards (WELS) prior to issuanc~~-~lfi~-p~r~-s.~ City Council Resolution PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 3 Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney, City Engineer and Community Development Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the following. A. Formation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Description and map illustrating "common" areas to be maintained. D. Provision of maintenance for "common" landscaping within the project site by the homeowner's association. E. Provision for the long term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of"common" areas and shared building walls and roofs. G. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. H. Provision that the garages in the three un/ts be maintained in such a way that they are available for the parking of vehicles at all times. PUBLIC WORKS DEPARTMENT: 7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the following shall be included on the Tentative Map: · City of San Jose/City of Campbell City limit line · Drainage pattern for lots and any lot to lot drainage easements needed. R. emoval of the P.S.E. designation on Parcel "D" Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Final Parcel Map for recordation upon approval by the City. The current plan check fee is $1,060 plus $25 per parcel. 9. Preliminary. Title Report: Prior to recordation of the Final Parcel Map, the property owner shall provide a current Preliminary Title Report. 10. ~,mht-of-Wa¥ for Public Street Purposes: Prior to recordation of the Final Parcel Map,. the property owner shall grant 30 feet of right-of-way for public street purposes along the Bucknall Road frontage. The acceptance of this right-of-way will require City Council approval. City Council Resolution PM 98-01 - 1725 Bucknall Road -Duchich/VidovicWShafer Page 4 11. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. 12. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centerline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side of Bucknall Road. · One new public street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the City Engineer. · All water meters and sewer clean-outs on private property. 13. City of San Jose Permit: All utility connections to facilities located within the city limits of San Jose will require a permit from San Jose. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Mtmicipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility comp.any, and shall provide evidence from all utilities that the proposed development can be served and that the public utility easements are adequate. 15. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by 'the City Engineer prior to any utility installation or abandonment. 16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. City Council Resolution PM 98-01 - 1725 Bucknall Road- Duchich/Vidovich/Shafer Page 5 17. 18. Grading and Drainage Plan: Prior to issuance of any grading or building pen-niB for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The cun'ent fee is $ 2,000 per acre or $ 464.00. 19. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. 20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. CENTRAL FIRE DISTRICT: 21. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an approved residential fire sprinkler system throughout all portions of the building of Lot C. PASSED AND ADOPTED this 6thday of vote: October , 1998, by the following roll call AYES: COUNCILMEMBERS: Conant, Furtado, Watson NOES: COLrNCILlVlElvlBERS .- Dean ABSENT: COUNCILMEMBERS: Dougherty ABSTAIN: COUNCILMEMBERS:APPROVED:None~/~-~~~ t~ ~~ '~ . //~-nette Watson, Mayor A~ne Bybee, City Clerk ATTEST: ~ FOREGOING INSTRUMENT fS A TRUE RNO CORRECT COPY OF THE ORIGINAL FILE IN THIS OFFICE. ANNE E¥~,EE, CITY OL~RK, cf'fY OF %M~ BIELL, (~ALI FORNIA. City of Campbell -- Community Development Department 70 N. First Strcc~, Campbell~ CA 95068 MEMORANDUM To: Harold Housley, Land Development Engineer Chuck Gomez, Assistant Engineer From: Aki R. Irani/'f,-~e f) Planner I t,/'~"z'm~ · Subject: Park Impact Fee Requirements Date: May 24, 1999 The Park In-Lieu Fee required of the three (3) unit townhouse project at 1725 Bucknall Road prior to approval of the Final Parcel Map is $7,586.25. This fee is 75% of the required Park Impact Fee which is $10,115. The remainder (25%) of the Park Impact Fee is $2,528.75 and will be due prior to occupancy of the units. The Park Impact Fee is derived as follows: 3 units X $7,035: Credit for existing Single-Family Home: Park Impact Fee: $21,105 --$10,990 $10,115 Park In-Lieu Fee (Due Prior to Final Map Approval): Remainder of Park Impact Fee (25%): (Due Prior to Occupancy of Units) $7,586.25 $2,528.75