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1231 W. Hacienda Ave. (88-13) RESOLUTION NO. 7751 BEING A RELOLUTION AUTHORIZING THE EgECUTION OF AN AGREEMENT WITH HACIENDA ESTATES PARTNERSHIP TO INSTALL STREET IMPROVEMENTS AT 1231 WEST HACIENDA AVENUE RESOLVED by the City Council of the City of Campbell, California that the agreement with Hacienda Estates, a General Partnership, for the installation of street improvements in Hacienda Avenue and San Tomas Aquino Road, which agreement has been approved as to form by the City Attorney and this day presented to this Council, be, and is hereby, approved. BE IT FURTHER RESOLVED by the City Council that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of said City. " PASSE~AND ADOPTED this by the following vote: 6th day of June 1989 , -' AYES: Councilmembers: Kotowski, Ashworth, Conant, Burr, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ;¡;l: ,.Þ-z Aé/.z ~ J TE WATSON, Mayor THE FOREGOING INSTRlJ',.""'T 13 A Tn!;" AND CORRECT CO"Y OF THE OR:G INAL ON FILE IN THIS O!'FICE, ATTEST: BARBARA OLSASKY, C'TY CLERK, ::~ ~íifii~jZ~ ~ ~ ~~~~~l1~H! THIS AGREEMENT (identified as No. LvI 41) made and entered into this 6th day of June , 19 89 , by and between HACIENDA ESTATES, a General Partnership hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval of Planned Development PD88-13 upon that certain real property described in Exhibit "A" attached and incorporated herein as though fully set forth and commonly known as 1231 Hacienda Avenue, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described PD88-13; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public 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 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay 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 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 construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be aade 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 specifica- tions of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said iaprovements, a sum in the aaount of seven percent (7') of the estimated cost of the iaproveaents at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of ONE HUNDRED THREE HOUSAND EIGBT HUNDRED DOLLARS ($103,800.00) to insure full and faithful perforaance of the construction of all the aforeaentioned iaprovement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which aay appear in said iaproveaent work within one (1) year froa the date of acceptance of the wort by City and pay for any daaage to other wort resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall reaain in effect until one (1) year after date of final acceptance of said improveaents 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 2 the State of California created for the purpose of constructing and/or installing any or all of said iaprovements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall aake such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No.4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. OWner's, and his successors', obligations under this section shall not be relieved by delay or the passage of tiae, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall aake such deposits or file such bonds and enter into such agreeaent as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easeaent 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 City a sua covering the reasonable aartet value of the land proposed to be taten and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as aay 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 perforaed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, reaove, raise, lower, relocate and otherwise 8odify 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 haraless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly eaployed by him, or anyone for whose acts any of thea aay be liable in the course of performance of the Agreement. The OWner, and his successors, shall also indemnify, defend and hold the City of Caapbell, and its agents, attorneys, eaployees, officers, officials, and assignees harmless against and fro. any and all claims, deaands, liabilities, losses, lawsuits, judgments, daaages, costs and expenses (including, but not liaited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Caapbell aay incur or suffer, or to which the City of Campbell aay be subjected resulting from the failure of OWner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations iaposed under this Agreeaent. (16) It is actnowledged that the provisions of this Agreeaent constitute covenants for the iaproveaent of the subject real property for the autual benefit of OWner's property, coaaonly known as 1231 Hacienda Avenue, and the City's property, coaaonly described as Bacienda and Barriet Avenues where they adjoin Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of OWner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 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 atteapting to obtain enforcement of the Agreement, or coapensation 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 Agreeaent can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its naae to be affixed by its Mayor and City Clert, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL ~ ' ~z,/ ~..Á- / i!anette Watson, Mayor ~" ~ C' , ì . I / . . a'C(iða\- _/(~a.~kí 8a ara Olsasky, City Cler[l APPROVED AS TO rORM~ nVWI:R' .._-/ State of CALIFORNIA }~ On this the~hciay of ~1a rch 19 89, before me, '\ SANTA CLARA County of LINDA L. STINSON the undersigned Notary Public, personally appeared ~ !! 4)~ . ¡¡ JIll!;" .:...... c: - B ~~ 1: I Ii " KIYOUMARS NADERZAD ~ OFFICLAL SE~ LINDA l. STINSON . . v NOTARY PUBLIC. CALIFORNIA , SANTA CLARA COUNTY I -- My Comm. Expires June 9, 1989 xx personally known to me 0 proved to me on the basis of satisfactory evidence to be the per~n(S) who executed the w)thn in~trument on behalf of the partnerShiP/an, d ;íCk, nOWledged~O m h ~p.~rtnerShIP executed it. WITNEs~nd and official se , . "III Æ ' ,7 :;¿4-C ~. V} ~') \.. N tary' Ign ture \ PARTNERSHIP ACKNOWLEDGMENT FORM 7130 0S2 NATIONAL NOTARY ASSOCIATION. 23012 Y.nlu'. Blvd,. Woodland Hills, CA g1J6- EXHIBIT! All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at an angle in the San Tomas Aquino Road at the Southwest corner of Lot No. 15 of the subdivision of the E. N. Parr Tract as recorded in Kap Book "B" at page 57 in the office of the Recorder of the County of Santa Clara, State of California, Thence running Northeasterly along the East line of the San Tomas Aquino Road, 251.44 feet to the Southwesterly corner of that certain tract of land described in Deed dated Kay 31, 1949, recorded June 9, 1949 in Book 1800 Official Records, page 355, from Herbert H. Leech, et ux, to Fred H. Smith, et ux; Thence North 89° 52' East along the Southerly line of the above aentioned property 163.27 feet to the Southeasterly corner thereof; Thence South 3° 16' Vest to a point on the North line of Bacienda Avenue; Thence North 89° 52' Vest along said North line 188.10 feet aore or less, to the Point of Beginning and being a portion of said Lot 15. 6 I r. I... ~ 191, I e..",. 01\ ~ -- () S\TE .. . .J .J 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 RECEIVED DEC 0 7 1988 PUBLIC WORKS ENGINEERING CITY OF CAMPBELL Department: Planning December 6, 1988 PM 88-14 In Conjunction with ZC 88-09/PD 88-13 APPROVAL OF TENTATIVE PARCEL MAP LANDS OF NADCON Development APN: 406-15-28 1. File a parcel map to create the four lots. 2. Dedicate additional land to widen San Tomas Aquino Road to 30 feet from centerline, Hacienda Avenue to 45 feet from centerline and a curve at the intersection with a radius of 20 feet. 3. Install standard street improvements in San Tomas Aquino Road and Hacienda Ave. 4. Obtain an excavation permit, pay fees, and post surety for all work in the public right-of-way. 5. Pay a storm drain area fee of $1,575.00. 6. Pay a fee of $4,528.00 in lieu of dedication of lands for parks. 7. Submit 3 copies of the on-site drainage plans for the review of the City Engineer. Final map thereof shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Subdivision Map Act. APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF C~PBELL ON DECEMBER 6, 1988 4L 4'k ARTHUR A. KEE. PLANNING DIRECTOR OF PUBLIC WORKS MANDATORY FINDING: This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. TO: City Clerk Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. L-vl G;-o) / ðÎ .- 122-- 35-3396 ACCT. ITEM AMOUNT RECEIPT NO. $ 3372 3521 3521 3373 3373 3373 3380 3373 3373 3520 Project Revenues (specify project) Public ~ks Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other. ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min,) (7% of FPB) ($ 35 min.) 3372 3372 3372 3372 3372 3372 3372 3372 3380 3510 Other Cash Deposit (specify) ($200) PERMITTEE Plan Check & Inspection Fee Project Plans & Specifications ($10) General Conditions, Standard Provisions & Details ($10 or $1/page) "No Parking" signs ($1/ea. or $25/100) Work Area Traffic Control Handbook ($5) Traffic Flow Map ($10) Traffic Data Services ($40/hr. + material costs) Map Revisions to Map Companies ($10) Copies of Engineering Maps & Plans ($.50/sq. ft.) Fire Hydrant Maintenance ($ 195/ea.) Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) Public Works Special Projects Postage 11aél<.n4Cl TOTAL Eslcelð NAME OF APPLICANT ADDRESS FOR CITY CLERK ONLY eM Po ßc ¡( ;; ') 0 '7 ~l> ..... -r, "f (' q. / / RECEIVED BY Ž. ~- DATE 3J; ~ / PHONE I s,- 2- ~ 30 b2.. '7 -:2- 03 e.rO $-'1S21 ..-- ZIP c¡ ..sr-o 7D TO: ACCT. ---- 35-]396 3372 3521 3521 3372 3521 City Clerk /'- :, I fj~~,v ~~ PUBLIC WORKS FILE NO. Please collect & receipt for the following monies: ITEM Pro'ect Revenues (specify project) Pu. ¿[Co (:la-'!. l.6 Exc.ava.-Uon PeJunU: FeM: Ap I i ca t i on Fee Plan Check Deposit Faithful Performance (Cash) Deposit AMourH $ R-] : ($35) ($200) :t VL: ($ 50) '( 500) ( 4 % 0 f FP B) ($500 min.) (7'1u of FPB) ($ 35 min.) Plan Check & Inspection Fee Other Cash Deposit (specify) :2373 3373 3372 3370 3395 costs Tentative Parcel Map Fil in Fee ($350) Final Parcel Map Fil in Fee 300 Tentative Tract Map Fil ing Fee $400 Final Tract Ma Fil in Fee ($350) Lot Line Ad "ustment Fee/Certificate of Compl iance Vacation of Publ ic Streets and Easements $500 Assessment Segregation or Reapportionment First Spl it ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Ne ative Declaration "above $500) Storm Drainage Area Fee per Acre R-I, $1, 75; Multi-Res" $2,060; all other, $2,250) Park Dedication In-I ieu Fee per Unit ($1,132) ,~ /){),OÒ 3380 3510 Public Works Special Projects Pos tage TOTAL $ 3tfJ(J.OO PH:)NE g C2 (Q . 'f ;¡gg- NAME c:;, Î£ vI:: S-6.~þ, '(, FOR RECEIPT NO. ;}"37 J C I TV CLERK . O'lLY AMOIJIIT PAID ~ 00 RECE r VED BY fÄ DATE I - fa . ~f ADDR£SS J u:; 0 /VADUt>J ù£V, ¡;:, Cbfïp¡;tLA./ ~ ItJl, ZIP '1ç()Vð- J':::,\J~ July, 1987 TO: ACCT, --'---- 35-3396 3372 3521 3521 3372 3521 City Clerk PUBLI C RKS FILE NO, Please collect & receipt for the following monies: ITEM Pro'ect Revenues (specify pro'ect) Pu tic. (~o,'t z.6 xc.ava-t.wn PVU"!l~t reM: Ap I i ca t i on Fee Plan Check Deposit Faithful Performance (Cash) Deposit AMOUNT $ R-l : ($'35) ($200) Plan Check & Inspection Fee Other Cash Deposit (specify) J373 3373 3372 3372 3372 3372 3372 3372 3370 3395 Tentative Parcel Map Fil ing Fee ($350) Final Parcel Hap Fil ing Fee 300 Tentative Tract Map Fil ing Fee ($400) Final Tract Ma Fil in Fee ($350) Lot Line Ad'ustment Fee/Certificate of Com I iance Vacation of Publ ic Streets and Easements $500 Assessment Segregation or Reapportionment Fi rst Spl it ($500) Each Additional Lot ($150) Envi ronmental Assessment:. Categorical Exemption ($500 plus actual cost' Ne ative Declaration 'above $500) Storm Drai~age Area Fee per Acre R-l, $1, 75; Multi-Res" $2,060; all other, $2,250) Park Dedication I",-lieu Fee per Unit ($1,132) 3 S-d - 3380 3510 Public Works Special Projects Postage TOTAL $ PH:INE ð-'~ &;.- 7 7 ¿:-- cP 7Sò ðcr NAME /1./:4 bL 0 /l/ , ADDRESS / ::s- 0 ~ j) Et/. (},..q- A-1 P ß <E'¿ L- #- /0 / ZIP FOR C I TV CLERK ~l.Y RECEIPT NO. ~ PAID July, 1987 RECE I VED BY DATE' '//l~ ( CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning November 16, 1988 RE: PD 88-13 ZC 88-09 1231 W. Hacienda Avenue RECEIVED NOV 1 G 1988 PUBLIC WORKS ENGiNEERiNG Mr. Steve Saraydpour Nadcon Development 150 E. Campbell Avenue, #101 Campbell, CA 95008 Dear Mr. Saraydpour: Please be advised that the City Council, at its meeting of November 1, 1988, adopted Ordinance Nos. 1724 & 1725 approving your request to construct 4 single-family homes on the referenced property. This approval is effective December 1,1988, and is subject to the conditions indicated in Ordinance No. 1725. A copy of the approved plan is enclosed for your records. If you have any questions regarding this matter, please do not hesitate to contact the Planning Deapartment at (408) 866-2140. Sincerely, Arthur A. Kee Planning Director ~~ Tim Haley Planner II cc: Public Works Department Fire Department TH:kf ORDINANCE NO. 1724 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING HAP FOR PROPERTY KNOWN AS 1231 HACIENDA AVE. (APN 406-15-28) FROM R-1-8 (SINGLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) AS SHOWN ON THE ATTACHED EXHIBIT (APPLICATION OF NADCON DEVELOPMENT, ZC 88-09). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A entitled Map of Said Property, as per the applicapion of Mr. Steve Saray, on behalf of NADCON Development, for approval of a Zone Change for property known as 1231 Hacienda Ave. from R-1-8 (Siftgle Family Residential) to PD (Planned Development). SECTION TWO: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this roll call vote: 1st day of November , 19 88 by the following AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: KOTOWSKI, ASHWORTH, CONANT, WATSON NONE NONE ATTEST: THE FOREGOING INSTRUME;NT IS A '!'AU! AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: BARBARA OLSASKY, CITY CLERK, CITY F CAMPBELL, CALIF. DATED EFFECTIVE UATE'~ fù~{¡ WO~K~ ORDINANCE NO. 1725 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF 4 SINGLE FAMILY HOMES ON PROPERTY KNOWN AS 1231 HACIENDA AVE. (APN 406-15-28) IN A PD (PLANNED DEVELOPMENT/LOW DENSITY RESIDENTIAL) ZONING DISTRICT. (APPLICATION OF NADCON DEVELOPMENT, PD 88-13). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended on property known as 1231 Hacienda Ave. by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit B entitled Development Schedule; Exhibit C entitled Map of Said Property; and Exhibit D entitled Conditions of Approval, as per the application of NADCON Development for plans, elevations, and development schedule to allow the construction of 4 single family homes in a Planned Development Zoning District. Copies of said Exhibits are on file in the Planning Department. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this roll call vote: 1st day of November, 19 88, by the following AYES: Councilmembers: KOTOWSKI, ASHWORTH, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ATTEST: I~q~~~ APPRO~: &r~ra Olsasky, City Cl2; THE FOREGOING IN AND CORRECT STRUMËNì ìS A THUll' ON FILE IN THIScg::,COF THE ORIGINAL E, ATTEST: BARBARA CITY OLSASKY, CITY CLERK AMPSELL. CALfFOAN ' /. Watson, Mayor BY f DATED EXHIBIT B " STANDARD DEVELOPMENT SCHEDULE FILE NO: ZC 88-09/PD 88-13 APPLICANT: SARAYDPOUR, S. - NADCON, INC. SITE ADDRESS: 1231 HACIENDA AVE. 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE: Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. , ' @B"". . - c, -, :ò 0, rr~ CONDITIONS OF APPROVAL - FILE # ZC 88-09/PD 88-13 SITE ADDRESS: 1231 HACIENDA AVE. APPLICANT: NADCON, INC. PC MTG DATE: 9-27-88 EXHIBIT D The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 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 which pertain to this development and are not herein specified. 1. Revised elevations and/or site plan indicating revised garage and greenhouse design to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Site and Architectural Review Committee prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $6,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. All mechanical equipment on roofs and all~tility meters to be screened as approved by the Planning Director. 8. Building occupancy will not be allowed until public improvements are installed. 9. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 10. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. CONDITIONS OF APPROVAL - FILE # ZC 88-09/PD 88-13 SITE ADDRESS: 1231 HACIENDA AVE. APPLICANT: NADCON. INC. PAGE 2. 11. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water. sewer. electric. telephone and television cables. etc. 12. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 13. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse. garbage. wet garbage and rubbish produced within the limits of the City of Campbell shall be -made with Green Valley Disposal Company. This requirement applies to all - single-family dwellings. multiple apartment units. to all commercial. business. industrial. manufacturing. and construction establishments. 14. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted. enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 15. Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise Element of the Campbell General Plan. 16. Applicant is hereby notified that he will be required to pay Park Dedication In-Lieu Fee which will be assessed at the time the subdivision map is submitted. 17. The applicant is hereby notified that 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. Sect. 11.201 & 11.414. 1979 Ed. Uniform Fire Code. BUILDING DEPARTMENT 18. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 19. Meet all other conditions of the Building Department. CONDITIONS OF APPROVAL - FILE # ZC 88-09/PD 88-13 SITE ADDRESS: 1231 HACIENDA AVE. APPLICANT: NADCON, INC. PAGE 3. PUBLIC WORKS DEPARTMENT 20. Prohibit parking within the cul-de-sac. 21. Install a stop sign within the private cul-de-sac. 22. Dedication additional land to widen Hacienda Ave. to 45 feet from center, San tomas Aquino Rd. to 30 feet from center, with a 20 foot radius return at the intersection. .. 23. Install street improvements across both frontages. 24. Pay storm drain area fee. 25. Process and file a parcel map to create the lots. 26. Obtain an excavation permit, pay fee, and post surety for all work within the public right-of-way. 27. Restripe Hacienda Ave. and San Tomas Aquino Rd. as directed by the Director of Public Works. 28. Submit 3 copies of drainage plans for approval of Director of Public Works. FIRE DEPARTMENT 29. Meet all conditions of the Fire Department. ~~B.~~M.~N! THIS AGREEMENT (identified as No. LvI 41) made and entered into this day of , 19---, by and between HACIENDA ESTATES, a General Partnership hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval of Planned Development PD88-13 upon that certain real property described in Exhibit "A" attached and incorporated herein as though fully setforth and commonly known as 1231 Hacienda Avenue, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described PD88-13; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as defined 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 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay 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 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 construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and 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 specifica- tions of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of ONE HUNDRED THREE HOUSAND EIGHT HUNDRED DOLLARS ($103,800.00) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No.4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1231 Hacienda Avenue, and the City's property, commonly described as Hacienda and Harriet Avenues where they adjoin Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 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 the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL Jeanette Watson, Mayor Barbara Olsasky, City Clerk APPROVED AS TO FORM: OWNER: William R. Seligmann, City Attorney 5 EXHIBIT ~ All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at an angle in the San Tomas Aquino Road at the Southwest corner of Lot No. 15 of the subdivision of the E. N. Parr Tract as recorded in Map Book "B" at page 57 in the office of the Recorder of the County of Santa Clara, State of California, Thence running Northeasterly along the East line of the San Tomas Aquino Road, 251.44 feet to the Southwesterly corner of that certain tract of land described in Deed dated May 31, 1949, recorded June 9, 1949 in Book 1800 Official Records, page 355, from Herbert H. Leech, et ux, to Fred H. Smith, et ux; Thence North 89° 52' East along the Southerly line of the above mentioned property 163.27 feet to the Southeasterly corner thereof; Thence South 3° 16' West to a point on the North line of Hacienda Avenue; Thence North 89° 52' West along said North line 188.10 feet more or less, to the Point of Beginning and being a portion of said Lot 15. 6