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ROW Dedication - August Letter - 2009August 10, 2009 Bruce Bowen Lloyd Square Associates, LLC 54 N. Central Avenue, Suite 101 Campbell, CA 95009 RE: Right of Way Dedication 507-515 E. Campbell Avenue -APN: 279-43-020 Dear Bruce, This letter is a clarification of your questions regarding density allowance and payment of public improvements related to the City's request for a five foot dedication. This letter replaces the letter sent June 18, 2009. The approximately five foot dedication of land illustrated in Exhibit A will be owned in fee by the City of Campbell upon conveyance (the "Dedication") for the purpose of public improvements. Even though owned by the City in fee, the Dedication will continue to be allowed to be counted in any density calculation as it relates to any proposed development or redevelopment of APN 279-43-020. This concession does not preclude the Planning Commission or City Council from exercising their discretionary authority to approve or deny an application based on its merits." Additionally, the cost of the streetscape improvements being constructed by the City as a part of the East Campbell Avenue Improvement Plan along the frontage of the subject property will be paid for by the City and at no cost to you including, but not limited to a. Replacement of flower beds. b. Restoration of stamped concrete entrance with a symmetrical pattern. c. Replacement of sanitary back flow preventer. d. Restoration of all the effected landscaping. e. Relocation of the monument sign. f. Additional work that may come up, but is now unknown, as the work to restore the property progresses. Finally, Lloyd Square Associates LLC will be indemnified for claims, damages, lawsuits, etc that may ensue as a result of the City's work. Please let me know if you have any questions. Sincerely, Kirk,Heinrichs Community Development Director