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1330 Abbott Ave.I ITY OF I AMPBI It 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: CITY MANAGER'S OFFICE November 15, 1993 Mr. Rene M. Rogers 1144 London Avenue Sunnyvale, California 94087 SUBJECT: 1406 Abbott Avenue, Campbell Dear Mr. Rogers: Thank you for writing and expressing your concerns. Once again, the City of Campbell would like to clarify its position with regards to the deferred improvement agreement at 1406 Abbott Avenue. As you already know, the deferred improvement agreement executed by you in 1979 for the property located at 1406 Abbott Avenue was a fully enforceable legal obligation. The decision to release your security was based solely on administrative policy considerations, not legal issues. Furthermore, the decision to cash out your certificate of deposit was your own, not that of the City of Campbell. Consequently, any penalties and/or legal fees you incurred in cashing out your certificate was due to your own decision and, therefore, the City cannot support your request for reimbursement. In response to your second concern, the City of Campbell will soon take action to adopt the San Tomas Area Policy, which will make the majority of the deferred agreements in the City unnecessary. Once we have fully instituted this policy, the City will begin the process of releasing most of the existing agreements. For the few agreements that will remain in effect, re-executions will be required every four-years, and the agreements will be unsecured. Mr. Rene M. Rogers Page Two November 12, 1993 Once again, thank you for writing. Although the City of Campbell cannot accommodate your reimbursement request, I know the City and its employees have gone out of their way in assisting you in resolving your concerns. If I can be of any further assistance on any future matters, please do not hesitate to call or write my office. Sincerely, Mark J4. Ochenduszko City Manager William Seligmann, City Attorney Bob Kass, Public Works Director Joan Bollier, City Engineer LAW OFFICI~t OF ~MCDO~ALD, ~ELI(~MANN ~b R~INEI~I OREC~)RY D. M~DONALD WILLIAM R. 8ELI(~MANN August 1, 1993 RECEIVED AUG i t. 1993 I~blic Works/Engineer, in§ Renee M. Rogers 1144 London Ave Sunnyvale, Ca 94087 RE: 1406 Abbott Ave, Campbell Dear bL~. Rogers: I am writing to you in my capacity as the City Attorney of Campbell in response to your June 28, 1993 letter to City Manager, Mark Ochenduszko. After reviewing the contents of your letter, I cannot support your request for $641.68 in legal fees, and $31.46 for an early withdrawal penalty. As I had previously advised you, the deferred improvement agreement executed by you constituted a fully enforceable legal obligation. The decision to release your security was based solely on administrative policy considerations, not legal issues. Furthermore, the decision to cash out your certificate of deposit was your own, not that of the City of Campbell. Consequently any penalty you incurred was due to your own decision. The City of Campbell has a ~trong policy of serving members of the public; and I know the City, and its employees, have gone out of their way to assist you in resolving your concerns over the deferred improvement agreement. I can only hope that you are fully appreciative of this fact. Unfortunately, we cannot accommodate your demands in this instance. However, if you have any questions about this matter, please do not hesitate to let me know. Sincerely, William R. Seligmann, Campbell City Attorney ,'? I ITY OF I AMPBEtL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: July 14, 1993 City Manager's Office RECEIVED jUL 15 1993 PUBLIC VV ~,~,, ~.DMtNISTRATI 0 i,; Rene M. Rogers 1144 London Avenue Sunnyvale, CA 94087 Re: 1406 Abbott Avenue, Campbell Dear Mr. Rogers: The City is in receipt of your letter of June 28, 1993, regarding the above property. I have discussed your demand for reimbursement with our Public Works Director and have forwarded your request to our City Attorney for consideration. Sincerely, · 7'en ko¢ :jd cc: City Attorney Finance Director H:ROGERS.LTR(DR) Attn: Mike Fuller: Nov 9, 1993: Following up on our telephone conversation last week, here are copies of recent correspondence. The city attorney replied to my letter of June 28 categorically denying my demands. As yet I have received no reply to the August 20 missile, so I presume that the City has thus stated its position by silence. I have suggested to you that the City should take the high moral ground and run an ad in the newspaper inviting people in situations like mine to come get their money, in which case I will quietly go away. Otherwise I will keep working on your case and eventually win. I lean toward the idea: "Get mad or not as it may please you, but by all means get even. Terrible things have a way of befalling those who allow themselves to become victims." Surely you must~ more interesting things to do than worry with me. *1' ~'~ _ The City of Campbell 70 North First Street Campbell, CA 95008 June 28, 1993 ~ff)fftSt~'-v~',~,"~s~ Attn: Mark Ochenduszko, City Manager In 1979 I built a house at 1406 Abbott in Campbell. Upon completion, I was required to sign an agreement with the city to the effect that I or my successors in interest would be responsible for certain street improvements yet to be made. A performance bond in amount $4700 was required by the city. This bond took the form of a "special purpose" CD issued by Wells Fargo Bank. The city held the CD and I got the interest on a quarterly basis. The representations made to me at the time were that these improvements were in the planning stage and that I would, within the near future, be given the option of signing up for long term improvement bonds or paying cash. In either case, the bond would be released back to me unless I reneged. After 4 years I got notice from the bank that the CD maturity date was at hand. I drove by the property, which had been sold soon after completion, and found no evidence of any street improvements underway or contemplated. I went by city hall and learned that there were no plans to make the improvements. Inquiring further, I learned that it was unlikely that there had ever been any specific plans to make the improvements. The agreement I had entered was apparently a standard agreement that the city required on a routine basis. During further discussions with other builders and former city employees, unofficially and off the record, it was suggested to me that I could probably kiss my $4700 goodbye. I found that to be an unacceptable concept, but I had to work for a living and didn't have the time to follow up. Some years later I got a notice from the bank to the effect that they were looking at this account as possibly abandoned funds. I called the city to find the status of the street improvement plans and was told that no action was being considered. I asked how to go about getting my bond back and was told that there was no record of me or my bond. I later learned that the house number had been changed and that the city still held my bond, but was not inclined to release it to me since, in theory at least, they might yet get around to this work sometime in the future. One of the first things you learn in real estate school is that a contract must have a beginning and an ending date. On the face of it, the city's policy seemed to be a violation of the law against perpetuities, but the city attorney told me that none of this applied to his client, that the practice was proper and on a firm legal footing. He did, however, prepare a 5 page legal document, which, if I could get the current owner to sign, would suffice to get the city to release my bond while not requiring the owner to put up any cash. This suggested to me that the city's legal footing was not all that sound, because I never thought for an instant that the attorney was just being nice to me by doing all the work to prepare the document. The owner had already signed a statement in escrow to the effect that he was aware of his obligation under the original recorded agreement to pay for street improvements when called upon by the city to do so and he saw no point in signing a lot of redundant "legal_babble" just to accommodate me. I spent a morning wandering around the neighborhood talking to people and learned that I was not alone in this situation. No one was happy to be parted from his money on such terms. None of these people ever expected to see their money again. One gentleman said he'd had built 3 homes in 3 different cities in the county and had some $15000 held up in this way, which he never expected to see again. I went back to city hall and asked how much money the city was holding this way and for how long, whether everyone was treated in the same way or whether the practice was random. No one would tell me. I couldn't afford more time away from work and had to drop the matter for the time being. A few weeks ago I got another notice from the bank that they would have to turn the funds over to the state as abandoned unless I came in to assert my ownership. Following my attorney's advice, I called your office and asked for the return of my bond. After a few days and a few phone calls I was told that the city no longer required cash bonds in these cases and my money would be released. After 14 years and 3 months, I picked up my CD and cashed it, less a penalty for early withdrawal. I have been told that some cities do this because the funds show up somehow as assets on the balance sheets and thus promote a favorable credit rating. If so, this is certainly unethical and possibly illegal. Whether a product of malfeasance or simple ignorance of law and ethics, this practice must stop. It may have been reasonable at one time, but to continue it with no intent to follow through in a timely manner reeks of bad faith. Perhaps no one ever complained before and perhaps, as was suggested to me by other victims, people must expect to be screwed over whenever they deal with city hall. I expect and demand better. In particular I demand that the city reimburse me for legal fees I incurred in this matter, $641.68 plus interest, plus the penalty for early withdrawal, $31.46. I also demand that active measures be undertaken by the city to find and return all such funds so held. I think you would still be holding my money if I hadn't made an issue of the matter for the past several years. In addition, I demand that the new policy be written into the city code to make a resumption of this practice less likely when the current city officials move on. I look forward to your cooperation in this matter. The City of Campbell 70 North First Street Campbell, CA 95008 August 20, 1993 Attn: Barbara Conant, Mayor Please refer to the attached letter and the city attorney's reply. As you can see, I feel that I have been grossly violated by the practice described. Your attorney, as well as my own, have advised me that the practice is probably legal, ~ ~ Had I known up front that the city intended to keep my money ad infinitum, I would have registered the strongest possible objection at the time. I had recently finished a tour of duty on the legislative committee of the California Association of Realtors and knew people who could get a debate on the policy underway in Sacramento. The legality of the practice seems most likely due to legislative oversight since the tax base of the State cannot be well served by having funds frozen out of the economy instead of being spent for goods and services to create employment and tax revenues. I have yet to hear anyone come forth with any rationale as to how this practice serves the legitimate interests of the city in a way which cannot be done in less onerous fashion, for example, reliance on recorded contracts and the workings of title insurance companies. During the 10+ years (1971-1981) I spent in the real estate business, it was very clear to me that my most precious commodity was the good will of the people with whom I did business, buyers, sellers, lenders, title people, termite operators, city officials, etc. It is a great puzzlement to me why you would want to cling to a policy which generates so much ill will with no discernable benefits. (I may be your most vocal victim, but I doubt very much that I am the angriest.) I would hate to think that the attitude, not unknown among a few bureaucrats and elected officials, "if you have power, you don't need goodwill", is the driving force here. Your attorney seems to be saying that I should go away quietly, thankful for the city's largess in my case, but it is my position that I should never have needed it in the first place. My hope is that we can resolve this matter through negotiation and diplomacy. As we used to say in my former profession, "It's not the money, it's the principal, and the interest." I look forward to your cooperation in this matter. Sincerely, Rene M. Rogers 1144 London Ave. Sunnyvale, CA 94087 The City of Campbell 70 North First Street Campbell, CA 95008 Attn: Mark Ochenduszko, City Manager jut, June 28, 1993 In 1979 I built a house at 1406 Abbott in Campbell. Upon completion, I was required to sign an agreement with the city to the effect that I or my successors in interest would be responsible for certain street improvements yet to be made. A performance bond in amount $4700 was required by the city. This bond took the form of a "special purpose" CD issued by Wells Fargo Bank. The city held the CD and I got the interest on a quarterly basis. The representations made to me at the time were that these improvements were in the planning stage and that I would, within the near future, be given the option of signing up for long term improvement bonds or paying cash. In either case, the bond would be released back to me unless I reneged. After 4 years I got notice from the bank that the CD maturity date was at hand. I drove by the property, which had been sold soon after completion, and found no evidence of any street improvements underway or contemplated. I went by city hall and learned that them were no plans to make the improvements. Inquiring further, I learned that it was unlikely that there had ever been any specific plans to make the improvements. The agreement I had entered was apparently a standard agreement that the city required on a routine basis. During further discussions with other builders and former city employees, unofficially and off the record, it was suggested to me that I could probably kiss my $4700 goodbye. I found that to be an unacceptable concept, but I had to work for a living and didn't have the time to follow up. Some years later I got a notice from the bank to the effect that they were looking at this account as possibly abandoned funds. I called the city to find the status of the street improvement plans and was told that no action was being considered. I asked how to go about getting my bond back and was told that there was no record of me or my bond. I later learned that the house number had been changed and that the city still held my bond, but was not inclined to release it to me since, in theory at least, they might yet get around to this work sometime in the future. One of the first things you learn in real estate school is that a contract must have a beginning and an ending date. On the face of it, the city's policy seemed to be a violation of the law against perpetuities, but the city attorney told me that none of this applied to his client, that the practice was proper and on a firm legal footing. He did, however, prepare a 5 page legal document, which, if I could get the current owner to sign, would suffice to get the city to release my bond while not requiring the owner to put up any cash. This suggested to me that the city's legal footing was not all that sound, because I never thought for an instant that the attorney was just being nice to me by doing all the work to prepare the document. The owner had already signed a statement in escrow to the effect that he was aware of his obligation under the original recorded agreement to pay for street improvements when called upon by the city to do so and he saw no point in signing a lot of redundant "legal_babble" just to accommodate me. I spent a morning wandering around the neighborhood talking to people and learned that I was not alone in this situation. No one was happy to be parted from his money on such terms. None of these people ever expected to see their money again. One gentleman said he'd had built 3 homes in 3 different cities in the county and had some $15000 held up in this way, which he never expected to see again. I went back to city hall and asked how much money the city was holding this way and for how long, whether everyone was treated in the same way or whether the practice was random. No one would tell me. I couldn't afford more time away from work and had to drop the matter for the time being. A few weeks ago I got another notice from the bank that they would have to turn the funds over to the state as abandoned unless I came in to assert my ownership. Following my attorney's advice, I called your office and asked for the return of my bond. After a few days and a few phone calls I was told that the city no longer required cash bonds in these cases and my money would be released. After 14 years and 3 months, I picked up my CD and cashed it, less a penalty for early withdrawal. I have been told that some cities do this because the funds show up somehow as assets on the balance sheets and thus promote a favorable credit rating. If so, this is certainly unethical and possibly illegal. Whether a product of malfeasance or simple ignorance of law and ethics, this practice must stop. It may have been reasonable at one time, but to continue it with no intent to follow through in a timely manner reeks of bad faith. Perhaps no one ever comPlained before and perhaps, as was suggested to me by other victims, people must expect to be screwed over whenever they deal with city hall. I expect and demand better. In particular I demand that the city reimburse me for legal fees I incurred in this matter, $641.68 plus interest, plus the penalty for early withdrawal, $31.46. I also demand that active measures be undertaken by the city to find and return all such funds so held. I think you would still be holding my money if I hadn't made an issue of the matter for the past several years. In addition, I demand that the new policy be written into the city code to make a resumption of this practice less likely when the current city officials move on. I look forward to your cooperation in this matter. Rene M. Rogers 1144 London Ave. Sunnyvale, CA 94087 CITY OF MPBI LL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works June 22, 1993 Mr. Rene Rogers 1144 Lunden Ave Sunnyvale, CA 94087 Subject: S.T. (18) - 1330 Abbott Avenue, CD #6512-019647 Dear Mr. Rogers: Enclosed please find the Certificate of Deposit dated January 31, 1979 which you deposited as a street improvement agreement surety. The City no longer requires surety with deferred street improvement agreements. As such, this certificate has been released by the City of Campbell. If you have any questions, please do not hesitate to call me at 866-2158. Michael A. Fuller ssistant Engineer cc: Wells Fargo Bank Sunnyvale Branch 295 S. Mathilda Avenue Sunnyvale, California h:~rogers Received: 94086 CITY OI AMi BI LL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works March 12, 1992 Mr. Rene Rogers 1144 London Avenue Sunnyvale, CA 94087 Subject: Request For Information Regarding Construction of Street Improvements Agreement For Dear Mr. Rogers, This letter is in response to your letter dated March 2, 1992, regarding your request for information. You made reference to an Agreement, which was entered into on February 12, 1979, regarding installation of street improvements on the frontage of the parcel located at 1340 Abbott (previously 1406). The conditions of this agreement are that the property owner, or his successors in title, will be required to install street improvements as directed by the City Engineer, within 12 months of the request to do so, by the City Engineer. In addition the agreement requires that the owner participate in any special assessment district, should one be formed in the area. You, the property owner at the time, were required to make a deposit in the amount of $4,700, which would be refunded after the conditions of the agreement were fulfilled. To date, the City Engineer has not requested that the agreement be fulfilled. The quantity of information contained in your request is formidable. A great deal of research will be required to pull together the information requested. There are two ways in which the City can comply with your information request. You indicated in your letter that in the foreseeable future you will have full time to compile the data requested. This being the case, one means of compiling the data would be for you, acting as a City Volunteer, working through the City's Volunteer Program and Joan Kaye, the Director, to research the public records in City Hall and compile the data. In this situation, the Staff would work with you to define the computer data base to be used, format of information and other details. ( ITY OF I AMPBELL Mr. Rene Rogers March 12, 1992 Page 2 A second way to handle this request is to treat it as a demand for information, whereby the City would hire someone to perform the required research and work with you, to compile the information. All costs associated with research, copying (if required) and compiling the information would be borne by you. Please let me know how you wish to proceed. Very truly yours, J.9~n M. Bollier Clty Engineer cc- Bill Seligmann, City Attorney Don Wimberly, Public Works Director ITY OF MPB LL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works February 7, 1992 Mr. Rene Rogers 1144 London Avenue Sunnyvale, CA 94087 Subject: 1340 Abbott Avenue Dear Mr. Rogers: Enclosed please find the draft of the replacement agreement for execution by the current property owners of 1340 Abbott Avenue and the City of Campbell. Please provide a copy of the deed or title report for 1340 Abbott indicating how the title to the property is currently held. Once I have this information, I will add it to this agreement and return three originals to you to have the owners sign and notarize. When two copies of the signed and notarized agreement have been returned to me, I will schedule this for a City Council meeting in order to have the Council authorize execution of the agreement for the City. Once the new agreement has been executed by the City and recorded at the County Recorder's Office, your bond would be released. Please call if you have questions. Sincerely, Michelle Quinney Senior civil Engineer MQ:jd Enclosures f: ROGERSLTR (JD) JaN 09 '92 13:21 LITTON EDD 461 P01 EiPrivate/Confidential E3Routine ~~r~ent Confirmation by ~o' I-lYes Litton Systems, Inc. Electron Devices Division 960 Industrial Road San Carlos, CA 94070 Telephone: (415) 591-8411 Facsimile: (415) 591-5623 RECEIVED JAN 9 1992 Public Workl/Engineering Date: /-q-q~.. Time: /;/q Pages: ,,7./ Initials of Sender: FROM: Litton System.~, Inc. Electron Devices Division SUBJECT: COMMENTS: lf you do nor receive all pages, please call back as soon as possible to 415.591-8411 x284. JGM 09 '92 1E:22 L I TTON EDD 461 PI82 orr~o,^L r,.'oo~on · T~S A~RE~MENT (1~nLIft~d al No, n~, Iici), ~de end entered thio this cmrpo~tton of the C~unty ~f Sant~ Cla~l, State of California, ~[R~A$, ~ers opplqed to ~Ity f,~ approval tn order CO co~r~o~ __~ ' State of California, which ;roperty Is hereinafter re~erred to as '~atd rt~l ,, .~ %.*%',~<~ , . ~ ,, , E~ln~l~.m~ ~ met~ ...,..: ,, ~.: { , . ' "' %' '4 . ,',~ . ./t. I , ': "L*','~","j "*.t., , ..... *',~',~.:'.. , . · .... ' ' · ' ~ ~ . ... *~ .. , , ' ~q *,,q~.~: -, . , ", '. rJ Of,;Ci~;~':'/, ~; ....... ~.'~k~;-:~,q' ',. ,~'~J~& "~ .. '~ ,' '.J'= :.,', . ' . .... ~ . .' , ,.,.. , ... , ,q. I .,. {.. ...... MEMORANDUM From: Bill Seligmann To: City Attorney Date: Michelle Quinney~ Senior civil Engineer Subject: CERTIFICATE OF DEPOSIT FOR STREET IMPROVEMENTS CITY OF CAMPBELL December 19, 1991 , --I- hELNS In January of 1979, the City entered into a street improvement agreement with Rene and Helen Rogers. This agreement was to install street improvements across the frontage of their property on Abbott Avenue when directed to do so by the City Engineer. This obligation was accompanied by a certificate of deposit for $4,700. The Rogers have sold the property and would like the bond released. Under our current direction, we would not require a surety to accompany the street improvement agreement for a property in this neighborhood. Therefore, I would like to release this cash. However, I want to make sure that the City's requirement for the future installation of street improvements is not undermined. If we release this certificate of deposit, are the new owners still obligated by the previous agreement to install street improvements when directed to do so? Does the agreement to install these improvements run with the property - even if we return the surety? What purpose does/would it serve for us to hold the surety. When (or if) it came time to enforce the agreement would we require a former property owner to fulfill the agreement to install street improvements (at probably double the cost of the existing surety)? Or would we require the current owner to fulfill the previous agreement? Do you have any suggestions for how to handle these cases? I know of a few more sureties that we have held for quite some time that I anticipate we will be getting called on to release in the near future. Please let me know what you think. MQ:DEVLPMNT\SURTY01 MEMORANDUM To: Bill Seligmann City Attorney From: Michelle Quinney~ Senior Civil Engineer Subject: Date: CITY OF CAMPBELl February 4, 1991 REPLACEMENT AGREEMENT FOR 1340 ABBOTT AVENUE Attached for your review please find a draft copy of the proposed agreement to be executed by the current owners of 1340 Abbott Avenue. Upon execution of this agreement by the new owners and by the Mayor, the former owner's (Rene Rogers) surety will be released. Please let me know if you have any comments on the agreement. THIS AGREEMENT (identified as ST18A) made and entered into this day of , 1992, by and between , 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, Owner, has purchased that certain real property described Parcel B as said Parcel B is shown upon that certain Parcel Map recorded November 27, 1978 and filed in Book 430 of Maps at page 53 in the office of the County Recorder, which property is hereinafter referred to as "said real property"; WHEREAS, an agreement was filed in Book E 355 of the Santa Clara County Official Records at page 323 on March 19, 1979 requiring owner of said real property to complete public street improvements throughout said real property's frontage; WHEREAS, compliance with the terms and conditions of this agreement are required by Section 11.24.040 of the City Code; WHEREAS, the previous owner of said property, Reno Rogers and Helen C. Rogers, have posted a surety to insure faithful performance of the agreement filed in Book E 355 of the Santa Clara County Official Records at page 323 on March 19, 1979; WHEREAS, the previous owner has requested the refund of this surety in exchange for a replacement agreement executed by the owner of said property; NOW, THEREFORE, IN CONSIDERATION OF RELEASE OF THE FAITHFUL PERFORMANCE SURETY of RENE ROGERS AND HELEN ¢. ROGERS, owner agrees as follows: (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 when owners or their successors are notified to do so by the City Engineer; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood that the purpose of this agreement is to defer construction of the above mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (1) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefinitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. 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 specifications of the City of Campbell and Sanitation District No. 4 of Santa Clara County, where indicated. 1 (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 ten percent (10%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, prior to approval of the plans by the City Engineer, surety acceptable to the City 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 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 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 successor's 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 won cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. 3 (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' fee~ 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 1340 Abbott Avenue, and the City's property, commonly described as Abbott Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above described real properties, and shall be binding on the heirs, assigns, successors, and the grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the teas, 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. 4 (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. 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 their names to be affixed the day and year first above written. APPROVED AS TO FORM: CITY OF CAMPBELL William R. Seligmann City Attorney Donald R. Burr, Mayor Barbara Kee, City Clerk OWNER: 5 RESOLUTION NO. ~-J-¥ 7 BEING A RESOLUTION AUTHORIZING EXECUTION OF RENE AND HELEN C. ROGERS AGREEMENT. WHEREAS, there has been submitted to the City Council by Rene and Helen C. Rogers an agreement for the development of their real property in accordance with prescribed conditions; .and, WHEREAS, by the terms of said agreement, and concurrently herewith, they have submitted a grant deed of certain portions of their property for street purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor be and he is hereby authorized to execute the said agreement on behalf of said City; and, BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED AND ADOPTED this /2 day of ~. , 19 77 by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROV ED: ATTEST: Mayor City Clerk AGREEMENT THIS AGREEMENT (identified as No.s.?. (lB)), made and entered into this day of , l g , by and between RENE ROGERS and HELEN C. ROGERSm husband and wifea as ,ioint tenants hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City". WITNESSED: WHEREAS, Owners applied to City for approval in order to construct a single-family .~esi;lenae upon that certain real property described as Parcel B as said Parcel B is /hown upon that certain Parcel recordedNovember 27, lg?s, and filed in Book 430 of )(a~s at page 53 in the o-irfice of the County R~er, Countylof Santa Clara, State of California, which property is hereinafter referred to as "said real property"; WHEREAS, ih order to obtain approval, certain conditions imposed by the Engineer must be met; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) Owners shall provide, construct and/or install at their own proper cost and expense upon Abbott Avenue throughout the frontage of said rea~ property public street improvements which may consist of, but not be limited to, the following: Standard City of Campbell curb, gutter, sidewalk, driveway approaches, handicap ramps, pavement structure, storm drainage system, street lighting system, under- ground utilities to serve said real property, and street trees. (2) Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. ~3l All of said improvements shall be constructed and/or installed within twelv 12) months from the date that Owners are notified by said City Engineer to do so; provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays beyond the control of Owners shall be excluded. 1 of 4 (9) In conformance with the requirements of Section 20.16.060 of the Campbell Municipal Code, the. storm drainage area fee for said real property is in the amount of ONE ~UNDR~-D S;Vr~N?Y ........... -DOLLARS ($ l?o.oo-). Zn accordance w';th City of Campbell Storm Fee Schedule, the reimbursement for storm drainage facilities constructed as shown on said plans will be ~,, ~'~," =-~-t ~ ....................... nn~la~r, ,v - ,x ~leterm~ ned at the time said plans are submitted to City. (10) City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable written notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and presently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (11) When called upon by City to do so, Owners will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of the public improvements herein described. (1Z) Owners shall participate in and become a part of any special assessment district as described in paragraph (Il) of this Agreement. It is expressly understood that any obligations of Owners 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. (13) Owners 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 sewerage system to serve said real property, and that Owners shall file with City, upon execution of this Agree- ment, a letter, from said Sanitation District No. 4, stating that Owners have made such deposits or filed such bonds and entered into such agreements. (14) Owners 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 Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (15) Owners shall make such deposits or file such bonds and enter into such agreement as required bygan ~oseWater wo:ks when called upon to do so to insure the Installation of a water distribution system to serve said real property, including fire hydrant. (16) Any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their 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, Owners shall deposit or cause to be deposited with Ctty 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 City. 3 of 4 GRANT DEED We, RENE ROGERS and HELEN C. ROGERS, husband and wife, as joint tenants, hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, for public right of way purposes and to become a portion of that certain public right of way lying contiguous to and easterly of Abbott Avenue all that certain real property within said City and more particularly described as follows: BEGINNING at the Southwest corner of that certain Parcel B as said Parcel B is shown upon that certain Parcel Map filed in Book 430 of Maps at page 53 in the office of the County Recorder, County of Santa Clara, State of California; THENCE, along the westerly line of said Parcel B North 20 24' 30" East 35.00 feet to an angle point; THENCE, continuing along said westerly line North 30° 2g' 30" East 49.32 feet to the northwest corner of said Parcel B; THENCE, along a line South 0° 28' 28" East 72.31 feet to its inter- section with the most southerly line of said Parcel B; ~ATEOFCALIFORNI~ I ~' .CHARLENE M. CASE ,=:o/ ~/ SANIA CLARA COU.~-Y My Commission ExDirms O=t. l, :9/9 beforeC~t~, the undersi~d, a Notary Public in and for said State, personally appeare~ · known to me, to be the person..% whose name.~ ~LA/~ ~._ribed to the within Instrument, and acknowledged to me that ._~--he;~_ executed the same. WITNESS my hand and offiCial seal. Ilotarf P~lic in and for uid State. ACFJiOWL£DGMENT ~r:.-.:ra! '.'.';:g~;~ Form 233--R~v. 3-M* ~ lumm~),&,v or *Mia,CAN STATIONI~IVV PNODUCTJ COW/). - ~:"--- : Z I Z 4~ l:i~ca] ye,St 989-1980 4-12-79 ']'hc undt~,,;:9,cd v, uthoHzcd a,,,-, t of thc CITY OF CAMPBELL .............................. (public ar cncy) Jw~cbf ~,:q~:.,,,.; tl,:,t you consent lo thc canccllaiio:, of taxt~ a:9 b~.t the folio.vi:L dcs;crJ[,t'd Fl:q~trty, specific d'.'~'~iptl m at- iwr~ by ' CITY OF CAMPBELL $ig{;atore of ,'.::tS~ :,,:(d A~c.t .';igu.:d at -P2LvJ 13. s_Q~. Ac k e r_, _C,.Lt.v_C 1 erk' "~[d~nd Helen C. Rogers C0i9E AR1L.X IMP. PERS. PROP. ExL~,I ~ N ET 'J'OTA 1, OTI/ER SEE ATTACIiED CITY OF CAMPEiEL '75 NORTH CENTRAL AVE. C~AMPBELL, CALIFORNIA ro BE RZ~CORDZ'~ ',','i11-;')UT FEE Z:ION /,,10~ GOV~2FL','E,~T CODE ~:: r. EQL;ZS;' C,: ,..:i~ , (..i: CAMPBELL E ,317 E 317 GRANT DEED We, RENE ROGERS and HELEN C. ROGERS, husband and wife, as joint tenants, hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, for public righ~ of way purposes and to become a portion of that certain public right of way lying contiguous to and easterly of Abbott Avenue all that certain real property within said City and more particularly described as follows: BEGINNING at the Southwest corner of that certain Parcel B as said Parcel B is shown upon that certain Parcel Map filed in Book 430 of Maps at page 53 in the office of the County Recorder, County of Santa :Clara, State of California; THENCE, along the westerly line of said Parcel B North 2o 24' 30" East 35.00 feet to an angle point; THENCE, continuing along said westerly line North 300 29' 30" East 49.32 feet to the northwest corner of said Parcel B; THENCE, along a line South 0° 28' 28" East 72.31 feet to its inter- ~ction with the most southerly line of said Parcel B; THENCE, along said southerly line South 790 12' 45" West 27.59 feet the POINT OF BEGINNING. CONTAINING 0.032 acres, more or less, and being a portion of Lot 9 said Lot 9 is shown upon that certain Map of Tract No. 89 filed in )k 3 of Maps at page 59 in said office of the County Recorder. IN WITNESS WHEREOF I have placed my name this ' _"Z_/,~: _-_* :G_v_ , 1 9 ~_ __. . - day of [ REN[ ROGERS RESOLUTION NO. ,5-J-~ 7 BEING A RESOLUTION AUTHORIZING EXECUTION OF RENE AND HELEN C. ROGERS AGREEMENT. WHEREAS, there has been submitted to the City Council by Rene and Helen C. Rogers an agreement for the development of their real property in accordance with prescribed conditions; and, WHEREAS, by the terms of said agreement, and concurrently herewith, they have submitted a grant deed of certain portions of their property for street purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor be and he is hereby authorized to execute the said agreement on behalf of said City; and, BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED AND ADOPTED this /o~ day of '~-. , 1977 by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROV ED: ATTEST: Mayor City Clerk GRANT DEED We, RENE ROGERS and HELEN C. ROGERS, husband and wife, as joint tenants, hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, for public right of way purposes and to become a portion of that certain public right of way lying contiguous to and easterly of Abbott Avenue all that certain real property within said City and more particularly described as follows: BEGINNING at the Southwest corner of that certain Parcel B as said Parcel B is shown upon that certain Parcel Map filed in Book 430 of Maps at page 53 in the office of the County Recorder, County of Santa Clara, State of California; THENCE, along the westerly line of said Parcel B North 2o 24' 30" East 35.00 feet to an angle point; THENCE, continuing along said westerly line North 30o 29' 30" East 49.32 feet to the northwest corner of said Parcel B; THENCE, along a line South 0° 28' 28" East 72.31 feet to its inter- section with the most southerly line of said Parcel B; THENCE, along said southerly line South 79o 12' 45" West 27.59 feet to the POINT OF BEGINNING. CONTAINING 0.032 acres, more or less, and being a portion of Lot 9 as said Lot 9 is shown upon that certain Map of Tract No. 89 filed in Book 3 of Maps at page 59 in said office of the County Recorder. IN WITNESS WHEREOF, I have placed my name this (Notary Certificate) day of , 19 ~-- I RENE ROGERS HELEN C ./~OGERS 1 of 1 ~ ::'~ ' - 1 1979 My Commission Expires Oct. , - to be the person.5'_, whose name_.5._ .,,'z,~ subscribed to the within Instrument, and acknowledged to me that _~...he_~_ executed the same. SS. ON ~L,~Z~:/ , known to me, WITNESS my hand and official seal. ACKNOWLEDGMENT-.-Generai--Wolcotts Form 233--Rev. - Notary Public in and for said State. .PARCEL MAP Bi<. 4.30 Mr',.-,.'"" .... .":, ~'~ ~ O'ZS' Z8"1= 'I'~-.$ I' 30" E 35.OO' 'e.o.e ABBOTT AVENUE SCALE: I" LAND TO BE GRANTED TO CITY OF CAMPBELL _Dr. by L.M.S. DE C. , 1978 Ck. by J.R ,JAN., 1979 Lond to be gronted to City Contoins THE Prepored by the Office of the City Engineer, Campbell~ Collfornla AGREEMENT THIS AGREEMENT (identified as N0.S.T. (18)), made and entered into this day of , lg , by and between RENE ROGERS and HELEN C. ROGERS, husband and wife~ as joint tenants hereinafter referred to as "~)wnersi~, and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City". WITNESSED: WHEREAS, Owners applied to City for approval in order to construct a sinqle-family .resiolenoe upon that certain real property describ~'d as Parcel B as said Parcel B is Shown u~on that certain Parcel Map recordedNovember 27, 1978, a~ 'filed in Book 430 of )laps at page 53 in the o--f'fice of the County Reco-~-6F-6er, County of Santa Clara, State of California, which property is hereinafter referred to as "said real property"; WHEREAS, ih order to obtain approval, certain conditions imposed by the Engineer must be met; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) Owners shall provide, construct and/or install at their own proper cost and expense upon Abbott Avenue throughout (h~ frontage of said r~ property public street improvements which may consist of, but not be limited to, the following: Standard City of Campbell curb, gutter, sidewalk, driveway approaches, handicap ramps, pavement structure, storm drainage system, street lighting system, under- ground utilities to serve said real property, and street trees. (2) Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. (3) All of said improvements shall be constructed and/or installed within twelve {12) months from the date that Owners are notified by said City Engineer to do so; provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays beyond the control of Owners shall be excluded. 1 of 4 It is expressly understood and agreed to that if Owners shall fail to complete the work required by this Agreement within the said period of twelve {12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from Owners. (4) Owners shall prepare or cause to be prepared at their cost and expense improvement plans for the construction and/or installation of said public street improvements, which plans shall be prepared by a civil engineer licensed by the State of California, which plans shall be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer when Owners are so notified to do so by City Engineer. Upon completion and acceptance of the improvements by City, Owners shall provide reproducible as-built plans to said City Engineer. (5) The construction work of the improvements embraced by this Agreement shall be done in accordance with the Standard Specifications of the Department of Public Works, Department of Transportation, State of California, dated January, 1975, and in accordance with the Specifications of the City of Campbell and Sanitation District No. 4 of Santa Clara County, where indicated. Wherever.the word "State" or words "Department of Transportation" are mentioned in the State Specifications, it shall be considered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No. 4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No. 4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (6) Owners shall deposit with City, when called upon to do so, for office examination of improvement plans, field inspection of construction of improve- ments and all necessary expenses incurred by City in connection with said improvements and all necessary expenses incurred by City in connection with said real property the sum of oN~ ~UNDR~D SZXTY-FZW ...... DOLLARS oo-). {7) Owners shall file with City, upon execution of this Agreement, a surety acceptable to City in the amount of tour T~OUSA~D S~W~ ~U~DR~ - - ....... - - - DOLLARS ($4m?0o.oo~ to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owners shall correct any defect which may appear in said work within one {1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as paying the cost of all labor and materials involved. This surety shall remain in full force and effect until one {1) year after date of final acceptance of said improvements. (8) Upon final release of said surety by City, the obligations of Owners contained in this Agreement shall be considered null and void. 2of4 (g} In conformance with the requirements of Section 20.16.060 of the Campbell Municipal Code, the storm drainage area fee for said real property is in the amount of ONE HUNDRED SEVENTY ........... DOLLARS ($ 170.00~. In accordance with City of Campbell Storm Fee Schedule, the reimbursement for storm drainage facilities constructed as shown on said plans will be ~- +h~ ..~,.t__~......... nn~ ,~ (~$--------~determined at the%~me said plans are submitted to City. (10) City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable written notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and presently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (11) When called upon by City to do so, Owners will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of the public improvements herein described. (12) Owners shall participate in and become a part of any special assessment district as described in paragraph (ll) of this Agreement. It is expressly understood that any obligations of Owners 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. (13) Owners 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 sewerage system to serve said real property, and that Owners shall file with City, upon execution of this Agree- ment, a letter, from said Sanitation District No. 4, stating that Owners have made such deposits or filed such bonds and entered into such agreements. (14) Owners 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 Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (15) Owners shall make such deposits or file such bonds and enter into such agreement as required bysan JoseWater works when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. (16) Any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their 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, Owners 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 City. 3of4 (17) Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their 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. (18) Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other officers or employees of City from any suits, claims or actions brought by any person for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on-site work due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (19) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or possession of the real property hereinabove described, and shall bind the successors in interest of Owners. 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 Owners have caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk OWNERS ~ / RENE ROGERS .~ELEN C. ROGERS (Notary Certificate) 4of4 SS. ON (/'}~~ ~/ ,197'~ ' before me,~h'e undersignL~, a Notary Pub!ic jn and J, or said) State, personally appeared to be the person.S__ whose name.C>_ __~.~.zLg. z_.____subscribed to the within Instrument, and acknowledged to me that __~'hey__ executed the same. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWL£DGMENT--Goneral--Wolcotts Form 233--Rev. 3-64 A SUaSlOIARY OF AMI"leAN STATION£RY I~RODUCT'~ CCRf~' $ O' Z8' ZS" E 7 ?..3 I' N Z* Z,4: 30" E 35.00' HT OF WAY ABBOTT AVENUE SCALE: I"-- LAND Land to be granted to City Contains 0.03Z'~0¢,. TO BE GRANTED TO CITY OF CAMPBELL Dr. by EMS. DEC., 1978 Ck. by J.P. JAN., 1979 THE Prepared by the Office of the City Engineer~ Compbell~ California APN 403-16-050 Code Area 10-028 Order No. 203227 Escrow o' Loan No. RECORDING REQUESTED BY When Recorded Mail To: Rene ~gers 1110 S. Sunnyvale-Saratoga Road Sunnyvale, CA 94087 MAIL TAX STATEMENTS TO: Same as above CITY CONVEYANCE Tax: $_ CHV: SANTA RA COUNTY TITLE. (~OMPANY Hereby certifies this is · t~e ertl ~ copy of the SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRA~'JSFER TAX $ X SANTA CLARA C(7~Yf"f TITI~ COMPANY GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowieoged, ROBERT V. INWARDS AND KATHIE J. INNARDS hereby GRANT(S) to RENE ROGERS AND I4E, T,~N C. ROGERS, HUSBAND AND WIFE, ~he real property in the City of Campbell <:~unty of Santa Cl,tra , State of Califorma, described as Parcel "B" as shown on the Parcel ~gap filed for record in the County of Santa Clara State of California and recorded November 27, 1978 in Bc~k 430 of ~V~ps at [mqe 53. January 15, 1979 ~ '~i i ()~ (.:At IFORNIA :; I v OF :;~t~'~ t.a Clara January 15, 1979 ,'ne to be tl]~ persor, ~S ...... whose name _~*_ ~bed lo the wlth¢~ inslrument and acknowledged lhat ......... my hanO/~nd official seai " OFFICIAL SEAL MARY C. HOLM NOTAC;Y FUEL. lC-: - CAL FORNIA $Aiq'fA CLARA COUNTY My Commission ~ires Dec. 8, 1981 MAIL TAX STATEMENTS AS DIRECTED ABOVE MEMORANDUM To: BUILDING DEPARTMENT CITY OF CAMPBELL From: PUBLIC WORKS DEPARTMENT Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS The requirements of the Public Works the following development: AP PL I CANT ' h:::?L~ J_ (> V ~ BUILDING ADDRESS ~"~) :~> -~ C)" COUNTY ASSESSOR' S PARCEL NUMBER Department have been satisfied for APPROVAL NUMBER PUBLIC WORKS FILE NUMBER JOSEPH ELLIOTT DIRECTOR OF PUBLIC WORKS By: Date: . <~ Z L) 7 [] CONSTRUCTION COST ESTIMATE FOR RON LOVE - BUILDING PERMIT ABBOTT AVENUE Concrete Curb and gutter: Res. Sidewalk: Driveway approach: Pavement A.C.: Mi scel 1 aneous E1 ectrol ier: Street trees (15 gallon): 72.3 LF @ 7.50 325.4 SF @ 3.50 72.0 SF @ 5.00 (1,301.6 SF)($0.15)(6") .4 EA @ 2,000.00 1 EA @ 75.00 $542.25 1,138.90 360.00 1,171.44 800.00 75.00 Sub-Total: 15% Contingency: TOTAL: $4,087.59 613.14 $4;700.73 Faithful performance bond Plan exam. & const, insp. Storm drainage area $4,700.00 $165.00 (de~er) $]70.00 By Lynn Snyder Date 1-4-79