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ENC2003-00111
L -.4 CITY OF CAMPBELL ENCROACHMENT ENT PERMIT Permit No ,-©a-5--001 J j DEPT.OF PUBLIC WORKS (for working within the public X-Ref:File 70 North First St. right-of-way) Campbell,CA 95008 (408)866-2150 'j c7 3 Fax(408)376-0958 Issued Application Date Permit expires in 12 months 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.) C A.Work address or tract# Utility trench location B.Nature of work C.Attach four(4)copies of an engineered plan 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 this permit. D.All 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 shutdown 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 WORKS AT LEAST 24 HOURS BEFORE RESTARTING ANY WORK. yr� Name of Applicant Telephone (print name) AddressICAPIC� i _dk3ReC1%r1 l�c �,.rc.�-vC� 24-HOUR EMERGENCY TELEPHONE NO. rho Is this work being done by the property owners at their own residence? Yes 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(Perm ittee hereby acknowledges that they have read and understand both the front and back of this permit,and they will inform their contractor(s)of the information. yy Accepted [®� (Ap licant Permittee) (sign Date Contractor Date SPECIAL PROVISIONS 1. 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. 2. Pavement may be cut for underground installations and must be restored in accordance with the Utility 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. 4. Per Section 4215 of the Government Code this permit is not valid for excavations until Underground Service Alert(USA)has been notified and the inquiry identification number has been entered hereon. USA Phone 1-800-227-2600. USA TICKET NO. 5. SEE PUBLIC WORKS FEE SCHEDULE FOR CURRENT FEES TYPE AMOUNT RECEIPT NO. PERMIT APPLICATION FEE $ PLAN CHECK DEPOSIT $ SECURITY FOR FAITHFUL PERFORMANCE/LABOR&MATERIALS $ CONSTRUCTION CASH DEPOSIT $ PLAN CHECK&INSPECTION FEE $ APPROVED FOR ISSUANCE For City Engineer Date J:\forms\pwperm2\rev.2/01 GENERAL PERIVIIT CONDITIONS 1. 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 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. 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. T 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. 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. 11. 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 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. r 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 construction. 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 minimum 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 Santa Clara Valley Nonpoint Source Pollution Control Program. Applicant shall be gnsible for ensuring that all those providing services under the applicant are aware of and understand all of the above conditions. pplicant Date Contractor Date/ J:\formsNpwperm2\rev.2/01 09/29/2003 4:46:03PM v Fees Associated With Case #: ENC2003-00111 ... .,Ms ,.. � ..=e.r ^- tag •,� .. �"';� �.?._ t l w � ,r :: ;'..CIi.CateCl t,a x Air►► . 101.730.4722 159980 JD 08/08/2003 260.00 0.00 APP 07/01/2003 06/30/2004 Encroachment 101.2203 159980 JD 08/08/2003 500.00 0.00 PCDP 07/01/2003 06/30/2004. Plan Check Deposit CASH 07/O1/2003 06/30/2004 Construction Cash 101.2203 161211 JD 09/29/2003 2-0,000.00 0.00.E CASH 07/01/2003 06/30/2004 Construction Cash 101.2203 160127 JD 09/29/2003 800.00 0.00 PC' 07/01/2003 06/30/2004 Non-Util Plan Ck/Insp to 101.730.4722 160127 JD 09/29/2003 Du,600.00 0.00 $0.00 Page 1 of 1 CaseFees..rpt Ptimm:WORKS DEPARTMENT RECEIPT Effective July 1,2003 TO: City Clerk PUBLIC WORKS FILE NO. PROPERTY ADDRESS Please collect&receipt for the following monies: ACCT. ITEM AMOUNT " 435.535.4921 Project Revenue(specify project) $ ENCROACHMENT PERMIT 4722 Application Fee Non-Utility Encroachment Permit ($260.00) Minor Encroachment Permit<$5,000 ($57.00) R-1 First Permit(No Fee) Subsequent ($120.00) Utility Encroachment Permit Arterial/Collector Street ($500.00) Residential Street/Other Areas ($275.00) 22031 Plan Check Deposit-2%of ENGR.EST. ($500 min) 22031 Faithful Performance Security(FPS) (100%of ENGILEST.) 2203 Labor and Materials Security (100%of ENGR.EST.) 2203 Monumentation Security (100%of ENGR.EST.) 2203 Cash Deposit 20, 2203 Labor and Material Security (100%of ENGR.EST.) Plan Check&Inspection Fee(Non-UtUity) 4722 Engr,Est.<$250.000 (13%of ENGR.EST.) 2203. EngnEst.>$250,(Deposit 8%of ENGR.EST./$30,000 min.)-- 4722 Utility<$100,000 (8%) Minimum Charge Per Location ($180.00) Conduits/Pipelines up to 500 Feet ($2.25/ft) Above 500 Linear Feet ($1.35/ft) - Manholes/Vaults/Etc. ($125.00/ea) Pole Set/Removal ($125.00/ea) Street Tree Planting/Removal ($125.00/ea) 2203 Utility>$100,000 Actual Cost+20%•• 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details ($1/Pg$15.00/Bk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" ($50.00) Aerial Print 8 1/2"x IV ($20.00) Maps and Plans 24"x 36" ($7.75) 4722', Penalties:Failure to restore public improveme:($100/Calendar Dagmu Code s—.11.34.o10) 47221 Penalties: Failure to correct unsafe condition-($100/Calendar Day) LAND DEVELOPMENT 4722 \Lot Line Adjustment ($750.00) 4722 Parcel Map(4 Lots or Less) ($2.400.00+$35/lot) 4722 Final Tract Map(5 or More Lots) ($3,200.00+$35/lot) 4722 Certificate of Compliance ($595.00) 4722 Certificate of Correction ($365.00) 4722 Notary Fee(per signature) ($10.00) _ 4722 Vacation of Public Streets&Easements ot#####o 4722 Assessment Segregation or Reapportionment First Split ($655.00) Each Additional Lot ($200.00) 4721 Storm Drainage Area Fee Per Acre (R-1,$2.000) (Multi-Res,$2,250) (All Other,$2.500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occupancy) 511.742 Postage TRAFFIC 4728 Intersection Turn Counts(Two-Hour Count) $72.50) 4728 Intersection Turn Counts(a.m.or p.m.peaks) ($145.00) 4728 Traffic Flow Map(Daily Traffic Volumes) ($30.00) 4728 Campbell Traffic Model(Full Scope Assessmenl(Actual) 4728 Campbell Traffic Model(Reduced Scope Assess(Actual) 4271 Truck Permits ($16.00/per trip) 4728 No Parking Signs ($1/each or$25/100) OT'BER TOTAL $ MOD. NAME OF APPLICANT `��/I 1 e 64,V,5 NAMEOFPAYOR p 1//t� PHONE r ADDRESS '�((/r/ Q(p ZIP sT 9413;� --Actual Cost Plus 20%Overhead(Non-Interest bearing deposit) _ uaa.d 11 _if FOR CITY CLERK RECEIVED BY �Q ONLY Date to "x.2003 / 1l� i •For Plan Ch c e 6 ;e o inanee. Date/Initials JAfor Veecipt from 03-047/1/03 i 0 CITY '7i 'vCii it iJLLL] i.r>: REM By-; .iANH iF 1i;00 16 i:`11 . ...Li1l� ..i liliii.xV CTv TEATS iif}!t- 9 -6/0 I':ESCR p ioN ith.:i il'.i ------------------ :.:::::_ uU_` rev:sU_... MEEK PAID: $20000.00 TENDERED. ~iJ. _IAA DUPLICATE ORIGINAL BOND FOR FAITHFUL PERFORMANCE ENCROACHMENT PERMIT NO. A 0 -00111 BOND NO. 183745 SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES PREMIUM $1,000.00 We,the undersigned OF THE MURPHY TRUST, ,(hereinafter"Principal")and AMERICAN CONTRACTORS JYDFMNTTY CO- orporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City")a municipal corporation under the laws of the State of California,in the sum of TWENTY THOUSAND AND NO/100 Dollars ($**20,000.00 )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 Principal has, on ,20 ,entered into written Encroachment Permit with the City for.the Project, a copy of which Encroachment Permit is attached and made a part of this bond, for construction of Project STREET IMPROVEMENT AGREEMENT PLN 2003-069 Now,therefore,if the Principal shall faithfully perform the work in accordance with the plans,specifications and permit documents during the original term, and any extensions of the permit 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 permit,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 curing any default; then this obligation shall be void; otherwise to remain in full force and effect, with surety obligated to secure the full and faithful performance of all of Principal's obligations under the attached Encroachment Permit. If any legal action be filed upon this bond,it shall be filed within one year after final payment has been made under the Encroachment Permit excluding the warranty period, if any,provided for in the Encroachment Permit,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 Encroachment Permit 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 Encroachment Permit or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness,the parties have executed this agreement as of AUGUST 13 ,20 03 (Prin C r By �. Title OWNERS (Surety) AMERICANXO ORS INDEMt3ITY CO. I DEBBIE EVANS, TTORNEY—IN—FACT ress of Surety: 9841 AIRPORT BLVD., 9TH FLOOR, LOS ANGELES, CA 90045 (Attach Acknowledgements) Surety's Bond Number 183745 (Accompany this bond with Attorney-in-fact's i (Both Principal's and authority from Surety to execute the bond, f Surety's Attorney in Fact) certified to include the date of the bond.) 0Aforms\encroachment permit pert bond rev 6_03) r . Je' American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 13-1 5 5 8 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ * ,500,(1B0_(1(1 Doll arc* * This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September,2000. `o���p►CToips•�yo AMERICAN CONTRACTORS INDEMNITY COMPANY S INtOP Ow►TED y SEFE 26,1990 •~e o^ By: Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES §' On this 1 st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NQRMA J.VIf2GILl0 WITNESS ' hand and official seal Commiasion#1322310 IL Notary Public-California rL Los Angela County Norma J.Virgilio,Notalf QMyCWMEX0 Sep27,2WS I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by.the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 13THiay of AUGUST ,200 3 Bond No. 183745 Agency No. #9005 �J��SH.FERGUSON orporate Secretary rev.POA04/20/01 CALIFOP,NIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 13, 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me.(ki4mm to be the person(y)whose name(s)is/ subscribed to the within instrument and acknowledged to me thatJx/she/gWexecuted the same inAAX/her/authorized capacity(X�, and that by l§/her/*signature(€)on the instrument the person(, or the entity upon behalf of which the person(i) acted, executed the instrument. WITNESS my hand and official seal. *' ZULMA NAVARRO �) U COMM.#1407710 � NOTARY PUBLIC-CALIFORMA ALA ED MAR CH COUNTY CO H H,2007 N R PUBLIC Sl NAT 6 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BYLAW BUT MAYBE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME '---------NONE----------- RIGHT THUMBPRINT RIGHT THUMBPRINT c , saQsss A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (; State of California County of SS. I wt-�2c� ��.�iIC�`- �I ,i Aj, On jg 200 before me, t1Ll I Date Name and Title of Officer.(e.g.,"Jane Doe,No Public") personally appeared Name(s ofSigner(s) ,I ❑ personally known to me i Oproved to me on the basis of satisfactory evidence i to be the person(A) whose name() is/a�— MARLENE K.POMEROY subscribed to the within instrument and Commisekm#1412194 acknowledged to me that he/s#e/##sy executed ') -� Norory p _ the same in his/Bair authorized 3atftawaCw* capacity(•i-s), and that by his/h^F',� theiF M1/Coa�aM.E�ka�AA®Y6,a007 signature(§) on the instrument the person($), or I. the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand icial seal. Place Notary Seal Above Si 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 reattachment of this form to another document. Description of Attached D current ;( Title or Type of Document: xG i l Document Date: GC C•Cy 3 31, _7 7 Number of Pages: I" ,t Signer(s) Other Than Named Above: 1 Capacity(ies) Claimed by Signer i Signer's Name: ❑ Individual WE Top of thumb here , ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑ General ;I ❑ Attorney in Fact (` ❑ Trustee ;I ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 BOND FOR LABOR AND MATERIAL BOND NO. 183745 ENCROACHMENT PEMNUT NO. g-Q193—jqp//1 PREMIUM: INC. IN PERF. SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES OF We, the under•sigrred THE MURPHY TRUST, CREATED ON NO L'7'einUT& 2002Principal") and AMERICAN CONTRACTORS IND., a corporation organized under the laws of the State of CALIFORNIA acid authorized to transact busin1;s8 in the Scale of California,as Surety,are obligated to the City of Carnpbc1l (lie "City"),r City'),a municipal corporation under the law:; of the State of California, in the sum of TWENTY THOUSAND AND NO/100 Dnllars (9'*20,000-OWIur the payment of which sum we obhgnte ourselves and our successors and assib s,jrinly and severally by the following priwisions: The t:cndition of t1ds obligation is that th"Principal entered, o'r is about to enter, into a certain written Encroac:hmcnt Permit with the City dated 20 • which scud Encroachment Permit No. is hereby referred to and made a part bcrcof. Because Principal is required to furnish a bond in connection, with the Encroachment Permit, providing Ciat if'Principal, or cony of its subcontractors,shall fail to pay for any materials, or oth,_r supplies. or for any work or labor on the p&rmiue,I work of anv kind, or for amounts due under the unemployment insurance act wide respect to ally work or labor on this project, the Sure[,,oa this bond will pay for the debt, in an amount not exceeding the cum specified in this bond, and also, in case suit is brought upon the bond, a reasonable nttOrne}''-fee to he fixed by the.court, SEAN P. MURPHY & LAURA L MURPHY, TRUSTEES OF Now, therefore, wc, THE MURPHY TRUST, CREATED 11/12/02 1 as Frinuipul, AND AMERICAN CONTRACTORS IND. as Surcty, are obligated to the City of Campbell, and rill contrt;tors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement in the sum of TWENTY THOUSAND AND NO/100 Dollars (t*20,000.90$aw•ful money of 1.11c United Stares, ror the payment of which sums will and truly to he made, we the said Principal and Surety bind ourselves,successors and - assigns,Jointly.mid.cep.rally, by these provisiciris. The cundiuon of this cbligation is that if Principal, its succcssors or assigns, or its subcontractor, or subs)ntractors,shall fail to pay for any labor,matcriah, or other supplies, used in the performance of the worl:pcmutted to be done, or for wriounts duc under the unemployment imurance act with respect to this wort: or labor, then the Surety on this hand will pay for th,:-ii, in an amount not exceeding the.cum specified in chic bond, and in case suit is brought upon this bond will also pay a reasnnable att<u•nal's fee, to he fixed by the court. Vv-nue for any action arising out of this obligation shall lie in the County of Santa Clara,Scale of Cali'ilrnia. It is expressly stipulated and agreed that thk bond shall inure to the btwr fit of any and all persons,cninpaniek and corporations entitled to file claims undo-Titic 15 (commencing with Scction 3082) of Part 4 of Division 3 of the Civil Code, op as to give a right of a::tion to their or their assigns in any suit brought upon thi: hand. Should the condition of this bond be full./ Fcrfnrmcd, then this obligation shall become null and void, olhenvis•c it shall be and remain is full force and effect. No pmpay'nient or delay in payment and r.o changes, extensions, addition or alteration cif any provision of said Encroachment Permit or in any plaits and specifications referred to herein. and no forbearance on the part of the City shall opera:r,to release the Surcty from liability on this bond, and consent to make such alrerations wirliour further notice to br consent by the Sur 1 is hereby given, and thr_Surcty here y u•arvcs th;.provisions of Seciinu 2n19 of the Civil Cody of the Star_of California. in wiliiess,thr parries have executed this agreement a.c of AUGUST 13, ,20 03 (Pnn a By Ti rlc 6 \\ _ _ --- Addre+.c of Surety: 9841 AIRPORT BLVD., 9TH FLOOR (Attach Aclaowlcdemcnts LOS ANGELES, CA 90045 Borh Principal':; and Surety's Anoricy in Fac.) Suvcty's Boud Dumber 183745 (Accomo ny 6is bond with auunicy-iii-fact's authority form Surety t„ execute the bunt!,tcrtiriccdl it)iucludv the dam of the bond, j:'Sorms\cncroi i,:htnerrt perrnn.l&-m bond rev 6_03) American!Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 -1 p ,3—1 5 5 7 .POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***$],500,(10t1_(1�T)n11arS*** . This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY.COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September,2000. `o��apCTOips�yo AMERICAN CONTRACTORS INDEMNITY COMPANY 5 INCORPORATED a SEn 26,l M o^ By: Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1 st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. N=J,NIRGILIC) WITNESS my hand and official seal Commission s 1322310 Z Notary Public-California cz Los Angebs County Norma J.Virgilio,Notarf 6MyCommEwhwS@p7T,2005 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 13THday of AUGUST 9200 Bond No. 183745 #9005 3 Agency No. JAMES H.FERGUSONOCorporate Secretary rev.POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 13, 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me (4gkMg to be the person(y)whose name(y)is/mwsubscribed to the within instrument and acknowledged to me thatim/she/&Wexecuted the same inAft/her/tthobKauthorized capacity( ), and that by l&/her/ Msignature(X)on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ZULMA NAVARRO� con�M #1407710 vL' (SEAL) Q NOTARY PUBLIC-CAUFORNIA�+ NOTARY PUBLIC IGNA RE AIAMEDA COUNTY 0 COMM.EXP.MARCH 28,2007 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME ----------NONE----------- RIGHT THUMBPRINT RIGHT THUMBPRINT r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. i County of1 �cz� CQh�e On 75 �, , before me, �of Date Name and Title of Officer(e.g.,"Jan oe,Notary Public") << personally appeared Nam )of Signer(s) ❑ ersonally known to me ) proved to me on the basis of satisfactory evidence ) ) to be the person() whose name() is/afe- subscribed to the within instrument and acknowledged to me that he/s ey executed the same in his/ efA4@k- authorized ) capacity(ies), and that by his/h��'�,;ei; signature() on the instrument the person(t), or the entity upon behalf of which the person(j) acted, executed the instrument. i VWIT�ESS my hand a icial seal. Place Notary Seal Above Sig alure of Notary Public ') OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dppument Title or Type of Document: !' Document Date: Number of Pages: I f" I Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: _ (` ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ;) ❑ Partner—❑ Limited ❑ General ) ❑ Attorney in Fact ) ❑ Trustee ❑ Guardian or Conservator ( ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 WORKER'S COMPENSATION INSURANCE INFORMATION The following worker's compensation insurance information is required for all 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. 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. CERTIFICATE 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 Date Title 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) i PUBa, RKS DEPARTMENT RECEIPT j Effective July 1,2003 TO: City Clerk PUBLIC WORKS FILE NO. PROPERTY ADDRESS i Please collect&receipt for the following monies: ACCT. ITEM AMOUNT 1 435.535.4921 Project Revenue(specify project) $ ENCROACHMENT PERMIT 4722 Application Fee Non-Utility Encroachment Permit ($260.00) Minor Encroachment Permit<$5,000 ($57.00) R-1 First Permit(No Fee)Subsequent ($120.00) Utility Encroachment Permit f Arterial/Collector Street ($500.00) Residential Street/Other Areas ($275.00) 2203 Plan Check Deposit-2%of FNGR.EST. ($500 min) 2203 Faithful Performance Security(FPS) (100%of ENGR.FST.) ` 2203 Labor and Materials Security (100%of ENGR.EST.) 2203 Monumentation Security (100%of ENGR.FST.) _ 2203 Cash Deposit (4%of ENGR.FST.)($500 min/$10.000 max) 2203 Labor and Material Security (100%of ENGR.EST.) ` Plan Check&Inspection Fee(Non-Utility) �� 4722 Engr.Est.<$250,000 (13%of ENGR.EST.) 2. 2203 Engr.Est.>$250,(Deposit 8%of ENGR.EST./$30,000 min.)-- 4722 Utility<$100.000 (8%) Minimum Charge Per Location ($180.00) Conduits/Pipelines up to 500 Feet ($2.25/ft) Above 500 Linear Feet ($1.35/ft) Manholes/Vaults/Etc. ($125.00/ea) j Pole Set/Removal ($125.00/ea) i Street Tree Planting/Removal ($125.00/ea) 2203 Utility>$100,000 Actual Cost+20%" 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details ($1/Pg$15.00/11k) 4760 Copies of Engineering Maps&Plans I Aerial Plot 24"x 36" ($50.00) Aerial Print 8 1/2"x 11" ($20.00) Maps and Plans 24"x 36" ($7.75) 4722 Penalties:Failure to restore public Improveme:($100/Calendar Da!(Me code sew11.34.mo) 47221 Penalties: Failure to correct unsafe conditlom($100/Calendar Day) LAND DEVELOPMENT 4722 Lot Line Adjustment ($750.00) 4722 Parcel Map(4 Lots or Less) ($2,400.00+$35/lot) 1 4722 Final Tract Map(5 or More Lots) ($3,200.00+$35/lot) 4722 Certificate of Compliance ($595.00) 4722 Certificate of Correction ($365.00) 4722 Notary Fee(per signature) ($10.00) 4722 Vacation of Public Streets&Easements ######NN 4722 Assessment Segregation or Reapportionment j First Split ($655.00) Each Additional Lot ($200.00) 4721 Storm Drainage Area Fee Per Acre (R-1,$2,000) (Multi-Res,$2.250) (All Other,$2.500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occupancy) 511.742 Postage TRAFFIC N472181 Intersection Turn Counts(Two-Hour Count) $72.50) Intersection Tum Counts(a.m.or p.m.peaks) ($145.00) Traffic Flow Map(Daily Traffic Volumes) ($30.00) Campbell Traffic Model(Full Scope Assessmem(Actual) Campbell Traffic Model(Reduced Scope Assess(Actual) Truck Permits ($16.00/per trip) No Parking Signs ($1/each or$25/100) . TOTAL W$ m 07 ) NAME OF APPLICANT NAME OFPAYOR AMeS PHONE ADDRESS Vjr s //�\ 0 3 "Actual Cost Plus 20%Overhead(Non-Irate' .st bead deposit) CITY CLERK RFC BY j D�� a ONLY / Date Re Ipt f d O { t •For Plan Check and Cash Deposits,send yellow copy to Finance. Date Int .. Q jAforms\receipt from 03-04 7/1/03 RECVDI D J-PNIH PAYOR STAR@UCKS COFFEE 1 TOPIT"'S, DATFE: REOIP�:,-FER. IUMITz Tl M SIUDDIV FILING F 2 13 DD fu WT D-ETI-T-S-1-11-5. -D"t E 22 Woloo TD--T��.L DUE-, E C i Pi !D. -S.3 NO: 03346M71 RED CHANGE i Pt____WORKS DEPARTMENT RECEIPT Effective July 1,2003 TO: City Clerk PURLIC WORKS FILE NO. 4Zd C,- � �/� PROPERTY ADDRESS ' �•lJ�y 1 r� Please collect&receipt for the following monies: ACCT. ITEM AMOUNT f 435.535.4921 Project Revenue(specify project) $ ENCROACHMENT PERMIT ( 4722 Application Fee 62a— Non-Utility Encroachment Permit ($260.00) Minor Encroachment Permit<$5.000 ($57.00) R-1 First Permit(No Fee)Subsequent ($120.00) Utility Encroachment Permit Arterial/Collector Street ($500.00) I Residential Street/Other Areas ($275.00) 2203 Plan Check Deposit-2%of ENGR.EST. ($500 min) 2203 Faithful Performance Security(FPS) (100%of ENGR.EST.) 2203 Labor and Materials Security (100%of ENGR.EST.) 2203 Monumentation Security (100%of ENGR.EST.) f 2203 Cash Deposit (4%of ENGR.EST.)($500 min/$10,000 max) 2203 Labor and Material Security (100%of ENGR.EST.) Plan Check&Inspection Fee(Non-Utility) 4722 Engr.Est.<$250,000 (13%of ENGR.EST.) 220 Engr.Est.>$250,(Deposit 8%of ENGR.EST./$30,000 min.)-- 4722 utility<$100,000 (8%) Minimum Charge Per Location ($180.00) Conduits/Pipelines up to 500 Feet ($2.25/ft) Above 500 Linear Feet ($1.35/ft) Manholes/Vaults/Etc. ($125.00/ea) Pole Set/Removal ($125.00/ea) Street Tree Planting/Removal ($125.00/ea) 2203 Utility i$100,000 Actual Cost+20%•• 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details ($1/Pg$15.00/Hk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" ($50.00) Aerial Print 8 1/2"x 11" ($20.00) i Maps and Plans 24"x 36" ($7.75) 4722 Penalties:Failure to restore public improveme:($1GO/Calendar Da!(Mm cede—!Im34.olo) 4722 Penalties: Failure to correct unsafe condition($100/Calendar Day) LAND DEVELOPMENT -4722 Lot Line Adjustment ($750.00) 4722 Parcel Map(4 Lots or Less) ($2,400.00+$35/10t) 4722 Final Tract Map(5 or More Lots) ($3,200.00+$35/10t) 4722 Certificate of Compliance ($595.00) 4722 Certificate of Correction ($365.00) 4722 Notary Fee(per signature) ($10.00) 4722 Vacation of Public Streets&Easements XXXXXXXX 4722 Assessment Segregation or Reapportionment First Split ($655.00) Each Additional Lot ($200.00) 4721 Storm Drainage Area Fee Per Acre (R-1,$2,000) (Muhl-Res,$2,250) (All Other,$2,500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occupancy) 511.742 Postage TRAFFIC 4728 Intersection Turn Counts(Two-Hour Count) $72.50) 4728 Intersection Turn Counts(a.m.or p.m.peaks) ($145.00) 4728 Traffic Flow Map(Daily Traffic Volumes) ($30.00) 4728 Campbell Traffic Model(Full Scope Assessment(Actual) 4728 Campbell Traffic Model(Reduced Scope Assess(Actual) 4271 Truck Permits ($16.00/pertrip) 4728 No Parking Signs (Sl/each or$25/100) OTHER TOTAL NAME OF APPLICANTG ,J• W r .� NAME OF PAYOR pt�l�/, b(/0"jDjjt4 PHONE ADDRESS "Actual Cost Plus 20%Overhead(Non-Interest bearing deposit) FOR ` RECEIVED r y`�$'E CITY CLERK RECEIVED (F..�T► iR \f3[ ONLY � G Date a pt X 'For Plan Check and Cash Deposits,send yellow copy to Finance. to Initla I.. j:\fors\rccc(pl from 03-04 7/1/03 i V f f I I ,I I I Fco j...r_. REGISTER l.. I t o i:_ :'0 F 0 TIME: ME: 16;57,29 DESCRIPTION TOTAL BUD $760.00 Joy Francois w OF'.CA4,A Executive Assistant �4 10 City of Campbell el Department of Public Works U AIIM rr 70 North First Street ° ° Campbell,CA 95008 y� G; Phone: (408)866-2150 OR C H A Ro' Fax:(408)376-0958 Transmittal To: Starbucks Coffee, Tax Dept. Attn: Paula Borhauer Date: 2/17/15 Address: 2401 Utah Ave., South, Seattle WA 98135 Re: ENC2003-00111, 1228 Camden Ave. ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply x For Information &Use Enclosed is our check #250296 in the amount of $20,000.00, as a refund of your Faithful Performance Security Deposit under ENC 2003-00111. Joy Francois cc: Land Dev File ENC2003-00111 ............... ........................... ........................ ................... .......... ...................- .......... ................................ CITY OF CAMPBELL VENDOR NO. T0006507 CHECK NO. 250296 c n Purchase:O�der: :.Jnvowe: wn er.::� Ac�oun� . : ::� :�: N b rition 101 2203 CR020915 20,000.00 DEPOSIT RETUNRS rnn. I. T0006507 STARBUCKS COFFEE CHECK DATE CHECK NO. CITY11-24 ;�mQF:CAMPBELL ARGo BANK, N.A.r ::MONTGOMERY STREET 1210 02/16/15 250296 :.70 NORTH FIRST STREET SAN FRANCISCO, CA 94104 CAMPBELL;CALIFORNIA 95008 0 0 AMOUNT **2b, 000 . 00* oI VOID o' 0 AFTER 90 DAYS 0! FAY THE SUM OF TWENTY THOUSAND DOLLARS & ZERO CENTS m . ........ TO THE STARBUCKS COFFEE tl ORDER ; 24,01 UTAH AVE. , SO 2;1OF (SEATTLE WA 98135 2 5 0 2 9 1� 1: 12 10011 21-.8l: L. 1 2 ia S 5 li 15115 --- - ------- .......... . ........ ........... *See Reverse Side For Easy Opening Instructions* CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 STARBUCKS COFFEE 2401 UTAH AVE. , SO SEATTLE WA 98135 Page 1 of 1 Syed Wahidi From: Edward Arango Sent: Thursday, March 23, 2006 7:47 AM To: Syed Wahidi Subject: RE: ENC 2003-00111 (1228 Camden Ave) This is one I need to follow up on. Thanks, Ed From: Syed Wahidi Sent: Thursday,.March 23, 2006 7:43 AM To: Edward Arango Cc: Alan Hom; Joanne D' Ambrosia Subject: ENC 2003-00111 (1228 Camden Ave) `-. Ed, s This permit request has been sitting for a long time with lots of deposits. Do you know it's status?This is the Starbuck driveway approach replacement permit and I don't see the plans in our file. Please let me know so that I f can call the permittee if he still wants to pursue with this work. Thanks. Syed 4/28/2006 Yage 1 of 1 Joanne D' Ambrosia From: Ana Rios Sent: Monday, February 06, 2006 11:26 AM To: Joanne D'Ambrosia Subject: RE: Recipt No. 159980 I will change it on my report. Ana From: Joanne D' Ambrosia Sent: Monday, February 06, 2006 11:23 AM To: Ana Rios Subject: RE: Recipt No. 159980 Ana-That's why I was so confused. The refundable deposit list shows permit#2002-00111 so I couldn't.find any deposit ever being made. Could you change the list to 2003-00111? Thanks for solving the mystery. Joanne From: Ana Rios Sent: Monday, February 06, 2006 11:11 AM To: Joanne D' Ambrosia Subject: RE: Recipt No. 159980 Joanne, I show that receipt belonging to Copyco paid 08/07/03-for permit#2003-00111 they paid a refundable deposit of-$500.00. Ana From: Joanne D' Ambrosia Sent: Monday, February 06, 2006 11:09 AM To: Ana Rios Subject: Recipt No. 159980 I am looking through the refundable deposit list to identify monumation deposits and I have found a receipt I can't find in the Permit Plan file. It is receipt number 159980 from 817/03 for$500.00. How much trouble is it to dig a copy of the receipt our or at least the info on the receipt? I'm willing to come look through files. Joanne D'Ambrosia PW Department x2701 2/7/2006 NOTE TO FILE ENC 2003-00111 1218 Camden Ave. Sean Murphy/Starbuck' s Dec. 29, 2004 Laura Murphy called today to ask me to fax copies of the $20,000 receipt and bonds posted for the above permit. It seems the bonding company reported them to the credit bureau for non-payment of the 2004 bond premium. She is under the impression that since Starbuck's posted the $20,000 construction deposit the bonds are no longer needed. I faxed her the copies she requested. � d CITE' OF CAMPBELL Public Works Department 70 North First Street Campbell, CA 95008 Date: l2 -2- r ACSIIyIILE COVER SHEET TO: Fax Telephone No. FROM: a®a3--oo � 1 , /2 2� Number of Pages Transmitted(including this page) /l MESSAGE: UPI Transmitted from Fax Phone# (408) 376-0958 If there are any problems with this transmission,.please call Dept. Phone No. J AFORMSTAXFORM(WORD) 1p 1 September 26,2003 Edward Arango Associate Civil Engineer Public Works City of Campbell 70 North First Street Campbell, CA 95008-1436 PROJECT NAME: STARBUCKS COFFEE PROJECT LOCATION: 1228 Camden Avenue PERMIT NO.: ENC 2003-00111 RE: Conditions of Temporary'Certificate of Occupancy Dear Mr. Arango, The purpose of this letter is to request the issuance of a temporary Certificate of Occupancy so that Starbucks Coffee may open for limited business at the aforementioned address and to confirm our agreement as discussed'today at City Hall Starbucks Coffee will be allowed to open for business pending completion of the Street Improvements--- requirements of our Conditional Use Permit being administered by the property owner, Sean Murphy. The following criteria shall be mandated: 1.) A$20,000 refundable deposit will be paid today to further guarantee completion of the project in addition to the bonds that have been posted. 2.) The property owner must gain approval of the current plan submittal, complete all work and attain final inspection no later than December 31,2003. 3.) If this matter is still outstanding as of January 1,2004,the City of Campbell will assume responsibility for the street'improvements and may retain the$20,000 deposit paid by Starbucks Coffee Company. At that time Starbucks Coffee will only have recourse with the property owner. Feel free to call me as needed on my cell phone(415)606-4908,which is the best way to contact me. Regardless,I will follow up with you on Wednesday, October 1 in anticipation of your plan approval. Thank you for your consideration. Sincerely, Zeden Jones V Construction Manager Starbucks Coffee Company 455 North Point,San Francisco,CA 94133 (415)241-0256 x.2293(415)227-9991 fax , MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Jan Hemsley,Deputy City Clerk DATE: September 9, 2003. FROM: �e Pomeroy Public Works Department SUBJECT: Document for Recording Attached please find an originally signed and notarized Street Improvement Agreement for the.property at 1228 Camden Avenue. Anne needs to attest the document and then it is ready to send to the Recorder's Office. As usual, Public Works will need a copy of the.recorded document when received. Thanks for your assistance. Attachment Recording Requested by: ) City of Campbell ) When recorded mail to: ) . City Clerk ) City of Campbell ) 70 North First Street ) Campbell, CA 95008 ) APN: 414-01-001 (Space above this line for Recorder's use only.) ADDRESS: 1228 Camden Avenue,Campbell,CA STREET IMPROVEMENT AGREEMENT RECITALS THIS AGREEMENT, identified by File No. PLN 2003-069, is entered into this day of , 2003, by and between Sean P. Murphy and Laura L. Murphrustees of the Murphy.Trust, created on November 12, 2002, hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." On July 22, 2003 the Planning Commission granted conditional approval pursuant to Resolution No. 3520 for PLN 2003-069 for that certain real property described in Exhibit A attached hereto and incorporated as though fully set forth herein, and commonly known 1228 CAMDEN AVENUE, which property is hereinafter referred to as "said real property." TERMS AND CONDITIONS Now, therefore, in consideration of the above referenced approvals, and in satisfaction thereof, the parties to this Agreement shall comply with the following terms and conditions: (1) The Owner shall provide, construct and install at his/her own proper cost and expense, street improvements as described in Section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 month period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays beyond the control of the Owner or his/her successors shall be excluded. (2) If the-Owner fails to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice to the Owner, or his/her successors, may construct and/or install said improvements and recover the full cost and expense from the Owner, or his/her successors. 1 STREET IMPROVEMENT PLANS (3) The Owner, shall cause to be prepared at his/her cost and expense street improvement plans for the construction and installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. (4) All of said improvements embraced in this Agreement shall be constructed and installed in accordance with the plans approved by the City Engineer and shall be made under the inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and all applicable plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes. Upon completion and acceptance of the improvements by the City, the Owner, shall provide reproducible as- built plans to the City Engineer. PLAN CHECK AND INSPECTION FEE (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his/her successors, shall pay the City for plan checking of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum calculated in accordance with Resolution No. 10014 as adopted by the City Council on May 7, 2002, or as may subsequently be adopted by the City Council. FAITHFUL PERFORMANCE SECURITY (6) The Owner, or his/her successors, shall file with City, prior to beginning construction, security acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of all the aforementioned improvement work. Said security shall guarantee that Owner, and his/her successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This security shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said security amount may be reduced by the City Engineer in his/her sole discretion after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said security by City, the obligations of Owner, and his/her successors, contained in this Agreement shall be considered null and void, except as otherwise provided by applicable law, or Sections 12 or 13 of this Agreement. FORMATION OF A SPECIAL ASSESSMENT (8) The Owner, when called upon by City to do so, shall execute a petition for the formation of any special assessment district created pursuant to any special assessment act as 2 provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. Owner, or his/her successors, shall participate in and become a part of any special assessment district as described in Section (8) of this Agreement. (9) The Owner's, or his/her successors' obligations, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. RIGHT-OF-WAY ACQUISITION (10) Owner at his/her own cost and expense, shall acquire any easement and right-of-way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of-way, Owner, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (11) The Owner, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his/her own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation lines within or without the boundary of said real property. INDEMNITY AND INSURANCE (12) The Owner, and his/her successors, to the fullest extent permitted by law, shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, actions, causes of action, liabilities, damages, losses and expenses, including, but not limited to, attorneys'fees, arising out of, or resulting from, or alleged to arise out of or result from any negligent or intentional act or omission (including misconduct) of said Owner, or his/her successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement, except for any claims, actions, causes of action, liabilities, damages, losses and expenses proximately caused by the sole negligence or willful misconduct of the City. (13) The Owner, and his/her successors, shall also indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, actions, causes of action, liabilities, demands, losses, lawsuits,judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether 3 incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from, or alleged to result from the failure of Owner, or his/her heirs, assignees, successors, grantees, agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement, except for any claims, actions, causes of action, liabilities,judgments, damages, costs and expenses proximately caused by the sole negligence or willful misconduct of the City. (14) The Owner and his/her successors shall also indemnify; defend and hold harmless the City, the City of Campbell Redevelopment Agency, and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City, its City Council, Planning Commission, Community Development Director, Public Works Director, Building Official, City Engineer, or other such City official concerning a subdivision, which action is brought within the time period provided for in California Government Code Section 66499.37. (15) The City will promptly notify the Owner of any claim, action or proceeding to attack, set aside, void or annul any approval concerning a subdivision of said real property, and will cooperate fully in the defense. (16) Owner and his/her/its successors shall maintain insurance for injuries to persons or damage to property conforming to the following specifications: A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office (ISO) CGL form CG 00 01 11 85; and 2. ISO form G0009 11 88 Owners and Contractors Protective Liability Coverage Form—Coverage for Operations of Designated Contractor; and 3. Course of Construction Insurance covering all risks of loss; and 4. ISO CA 00 0106 92 including symbol 1 (Any Auto); an 5. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance. B. Minimum Limits of Insurance Owner shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 4 d: occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by .the Labor Code of the State of California and Employer's Liability limits of$1,000,000 per accident. C. Deductible and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, the City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers; or the Owner shall procure a bond guaranteeing payment of losses related to investigations,claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage: a. The City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers are to be covered as insureds as respects: liability arising out of activities related to this Agreement performed by or on behalf of the Owner, products and completed operations of the Owner, premises owned, occupied or used by the Owner, or automobiles owned, leased, hired or borrowed by the Owner. b. The Owner's insurance coverage shall be primary insurance as respects the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Owner's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers. d. The Owner's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5 e. Coverage shall not extend to any indemnity coverage for the active negligence of the City in any- case where an agreement to indemnify the City would be invalid under Subdivision (b) of Section 2782 of the California Civil Code. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Owner for the City. 3. Course of Construction Coverage: Course of Construction policies shall contain the following provisions: (a) the City shall be named as loss payee; and (b) the insurer shall waive all rights of subrogation against the City. 4. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Without limiting Owner's indemnification provided hereunder, Owner shall take out and maintain at all times during the life of this contract, up to the date of acceptance of the work by the City, the policies of insurance listed in Paragraphs 12 through 16 of this Agreement. Insurance is to be issued by an issuer with a current A.M. Best Rating of ANH and be authorized to transact business in the State of California, unless otherwise approved by the City. - F. Verification of Coverage Owner shall furnish the City with certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City. Where by statue, the City Workers' Compensation related forms cannot be used, equivalent fortes approved by the Insurance Commissioner are to be substituted. All certificates are to be received and approved by the City before work commences. G. Subcontractors Owner shall include all subcontractors as insured under its policies or shall furnish separate certificates by each subcontractor. All coverage shall be subject to all of the requirements stated herein. 6 MUTUAL BENEFIT COVENANTS BINDING ON HEIRS, ASSIGNEES, SUCCESSORS, AND GRANTEES OF OWNER (17) 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 1228 CAMDEN AVENUE, and the City's property, commonly described as CURTNER AVENUE and CAMDEN AVENUE where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assignees, successors, grantees and agents of the Owner to said real property. UNVESTED INTERESTS (18) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. BREACH OF CONTRACT (19) The City, upon breach any of the terms, conditions, or covenants of this Agreement by the Owners, shall be entitled to recover from the Owner, in addition to any other relief available in law or equity, all costs and compensation incurred in attempting to obtain enforcement of the Agreement, including reasonable attorneys'fees and court costs. ENTIRE AGREEMENT.BINDING (20) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. PRELIMINARY PLANS (21) Owner shall provide and construct public street improvements per preliminary plans titled "STREET IMPROVEMENT PLANS — OFFSITE — 1228 CAMDEN AVENUE," which are subject to approval by the City Engineer, prepared by Frank Oldham Architect. 7 IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his/her name to be affixed the day and year first above written. SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES OF THE MURPHY TRUST, CREA7 ON NOVEMBER 12, 2002 !ea7n .:Murphy �Z Laura L. Murphy CITY QF CAMPBEL Robert Kass, Pub is Works Director (Notary Acknowledgment for above signator(ies) MUST be attached.) Attest: Anne Bybee, City Clerk j:uanddevuanddevforms�st imp agr rev 12_01 8 EEIBIT "A" Real property in the City of Campbell, County of-Santa Clara, State of California, described.as follows: Beginning in the Northwest line of Camden Avenue at the most Westerly comer of the parcel of _ land described as Parcel Two in the deed to County of Santa Clara, recorded October 18, 1965 in Book 7143, Official Records, page 687; thence from said point of beginning S. 241, 24' 08" E. along the Northeast line of said Parcel Two, 18.13 feet to the most Westerly corner of the Parcel of land of conveyed to Reed Surber, et al by Quit Claim Deed recorded April 5, 1972, Book 9775, Official Records, page 42; thence Southeast along the Southwest line of said parcel on a non- tangent curve concave Northeast and having a radius of 240 feet, said curve having radial bearing N. 610 58' 56" E., through a central angle of 200 10' 06" for a distance of 84.49 feet to an angle point in the Northeast line of parcel of land described as Parcel One in said deed to County of Santa Clara, recorded in Book 7143 of Official Records, page 687; thence along the exterior boundary lines-of said parcel one the following courses and distances S. 45D 28' 37" E. 9.41 feet, S. 51' 29' 54" E. 42.98 feet; on a curve to the left from a tangent that bears S. 5611 10' 17" E. with a radius of 20 feet through central angle of 106° 35' 42" for a distance of 37.21 feet on a curve to the left from a tangent that bears N. 12° 06' 48" E. with a radius of 170 feet; through a central angle of 460 for a distance of 136.48 feet and N. 330 53' 12" W. 111.25 feet; thence continuing N. 33" 53' 12" W. along a Northeast line of parcel of land described in the deed to Reed Surber, et al, recorded 3anuary 27, 1966, in Book 7262,Official Records, page 193, a distance of 15.93 feet; thence continuing along the exterior boundary lines of said parcel one described in said deed to County of Santa Clara, the following courses and distance N. 330 53' 12" W. 8.17 feet; on a curve to the right with a radius of 230 feet through a central angle of 150 33' 06" for a distance of 62.43 feet; thence continuing along the exterior boundary lines of the parcel of land described as Parcel One in the deed to State of California, recorded October 23, 1969, Book 8711, Official Records, page 405, on a curve to the right, with a radius of 230 feet, through a central angle of 31 15' 04" for a distance of 13.05 feet and N. 870 50.28" W., 7.25 feet to the Northerly corner of Parcel Two described in said deed to State of California; thence S. 20 09' 32" W. along the Easterly line of said Parcel Two, a distance of 10.26 feet to the most Easterly corner of the parcel of land described in the deed to State of California, recorded i October 23, 1969 in Book B711, Official Records, page 408,thence along the Southeast line of said parcel S. 2° D9' 32" W. 61.73 feet to the most Northerly corner of said parcel of land described in the deed to Reed Surber, et al, recorded in Book 7262, Official Records page 193; thence along the exterior boundary lines of said parcel S. 3° 10' 30" W. 34.40 feet and on the arc of a curve to the left, with a radius of 240 feet, through a central angle of 250 55' 32" for a distance of 108.60 feet to the point of beginning APN: 414-01-001 ARB 413-18-103 a a STATE OF CALIFORNIA COUNTY OF SANTA CLARA On ,200 ':)before me, Patience Anne,tarne Notary Public, personally AppeAred Nam/(s) igner(s) Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized PATIENCE A�lNE STARNES� capacity(ies), and that by his/her/their COMM.N0, 1423932 1 NOTARY PUBLIC-CALIFORNIA signatures(s) on the instrument the 9ANTACLARA000MY I person(s), or the entity on beha of which COMM,EXPIRES JULY 29,2607 o III rson(s) , exec _t d the i trument. WI E S my hair d c' eal. AW Patience Anne Starnes,D ary, OPTIONAL Public ----------------------------------------- -------------------------/-/------------------- Although the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this f rm. CAPA ,,JTY CLAIMED BY CUSTODIAN DESCRIPT'ION OF ATTACHED DOCUMENT INDIVIDUAL TITLE OR T -E OF DOCUMENT CORPORATE OFFICER TITLE(S) — --—` PARTNERS LIMITED GENERAL NUMBER OF PAGES ATTORNEY IN FACT GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME(S)OF PERSON(S) OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ; � ss. � County of On before Date Name and Title of Officer e.g., Jane Doe,Notary ublic) personally appeared Name(s)of Signer(s) 3'personally known to me ( ❑ proved to me on the basis of satisfactory ,) r' evidence i to be the person( whose name() is/are— subscribed to the within instrument and Commb�lon#1412144 mminl K,POMEROy acknowledged to me that heifs- a#fey executed NotouyPubNo-Ccgomla the same in his/her/4heif authorized SaMoclimaCaunty capacity(ies-), and that by his/hefAheir NV00MM- pkwMay6.2W7 signature(i) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. ;) N WITNESS may hand and official seal. Place Notary Seal Above Signat re of Notary Public OPTIONAL �i ( Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ; Title or Type of Document: l Document Date: 4Z,6Co �-jcgo Number of Pages: ,I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer >> Signer's Name: ❑ Individual . (. Top of thumb here , ❑ Corporate Officer—Title(s): I' ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator � ❑ Other: I �I Signer Is Representing: ` l ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827