Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ENC2000-00009
CITY OF CAMPBELL DEPT. OF PUBLIC WORKS 70 North Firsi Campbell, CA 95008 (408) 866-2150 Fax (408) 376-0958 ENCROACHMENT PERMIT (for working within the public right-cf-way) Issued Permit expires in 12 months Permit No~ X-Ref. file Application Date Application expires in 6 months APPLICATION - Application is her~oy nmfle for a Public Wor~ Pmmit in ~ wt~ C~tl Mumc~ C~, $~ 11.~. (~pl~n e~m ~ fi ~ ~ ~ ~ ~ ~t ~su~, Appli~ion F~ ~ ~le.) Utility wem.h Iocaion C. A~,ach four (4) copies of an tngineeeed plans showing the Iocalion and exumt or the work, nnd fou~ (4) copies of the pmlimin~y F_.~ineet'n F.~timate of work. ~ shall show ~: retnlion of the propo~ work ~o exbtJ~ sofface and u~ler~ou~ improvemcn:s. When ni~pmv~ by ~ City En~ine~. s~d ptan becom~ a pan of lbb permit. D. All ~.ork slmll confarm m the City of Campbell Staodani -Sp~ifig~Iiova and Deta,ls for P~lblk Work Constructi~; the Gmeml l~'mit Cold,iota ti.s~l on ..he r~er~e side: and We Special Provifions for this p~rngt. [ist~:l below. Failure to abide by these eonditiopa ~ provisiom n~y result in job shut-down and/m forfeiture of Peffotmanc~ Sureties and cash d~pos~. (S~ General Permit Condifiom I a~d E. THE CONTRACTOR MOST HAVE THIS I~RMiT AND APPROVED PLANS AT THE SITE AND MUST NOTn:~' THE PUBLIC WORI~ DEPARTMENT AT LEAST TWO DAYS BEt::,OILE STARTING WORK. NOTICE MUST BE O1V£N TO ?UBLI~L~ORKS AT LEAST 24 HOURS ~}EFORI~ RESTARTING ~ WORK. Is this work being done by thc proper~ owner al tapir own residence, v Y,-~ No The Applicano'Pern'~et hereby agrees by affix~ ~hdr signalut¢ to g~.is permit to hcid the City of Campbell. i= officers, ager~ and employees free, safe and harmless from any claim or deman~ for damages resuking from h~e work covered by this permit. The Applican~'P=m.,ttee bereby acknowt~ges ti'tat t~ey h~ve ~ and un~ersland bo~ lbo front and ~ack of ~is permit, aid lbo7 will inform Ib4r contraclor($) of lbo PUBLIC WORKS NEE SCI-It~ULE FOR C~ ~ .. . - :': '. ' TI~PE .:- :' '. i ~ '' AMOI~i'" ~P~CA~ON~E : ': :: ~ : :' ': ~: $ .~ ~CK DE,SIT ' ~YFORFAI~~~C~OR&~ ' ' . 'i :' ' ""' .:-..:.~.~S CON$~U~IONCASHDE~Sff : - ' . :.:. '. '... '~ :: -":']' : $ '' ' .S P~ ~CK & iNSPEC~ON F~ APPROVED FOR ISSUANCE for City Engimer .Date. ~,forms',p wperm2/r ev. 6/96 .i£NERAL P£RMIT CO[IDI?I~N$ work by ~e Ci~. 4. ~ Pe~e MUST ~QUEST IN ~G afm ~s~flon ~ n~c~p~e of ~ work u~ co~on. A~ by ~ wd~S ~ ~e Pe~e. 6. A CON~U~ON T~A~IC CON.GL ~ ~ '= CON~UC~ON SCHE ~ULE is ~qu~ for ~ 7. ~e CO~UC~ON ~IC C~N~OL P~A~ ~ co~o~ wJ~ ~ Cdm~ M~u~ of ~c ~on~ls ~r Co~c~n ~ ~n~ncc at ~e cu~m ~ve~me ~, ~um one hour charsc. ~, Ad~ce paF~enc f~r ~e es~ted t~nc is ~q~d, 12, Adequate si~nin~ and l~h~d BA~ICAD~G ii ~quirc ~ on ~e job si~, Fafl~ to p~vide ~ch si~ ~ ba~ad~ my ~sult m ~e Ci~'s ~n~g s~ch sig~g and bamcad~ a~d charlint ~c co~ (~, ~[ng ~l la~r ~ ~[t:~s) ngat le cai 13. Compa:eon mst~ of ~bg~de, base rock. ~ asphah c:,~m by P~ is ~EQU~D uMess o~e~ 14. ~e Contnctor or Pe~inee wgl ~ave a/UPERVISO~ f ~ENTA~E ay ~Uable for conu~ oa ~e pmjec~ Con. tot or Pe~e shall provide a phone numar at w[t~ch ~ can ~ com:~ ou~e ~e ho~ of 8:~ a.m. ~ 4:~ p.m. i~. No ~O~GE of ~mgals or equip~nt wgl ~ glow~ ~at ~e ~ge of pave~eL ~ ~vel~ ~y, ctw~ ~ ~euldefl~ ~h would c~ai~ a ~us co~ition to ~e p~btic. 16. ~is ~lt shall nol be consrmeg as automation for ' x~avahen ~ gnd~g oe pgva~ pm~ ~3ACENT to ~e wo~ or ~y o~er wo~ for whic~ a ~pa~tc peril ~y bc ~qui~d, nor does h miieve ~e Pe~e cf ~y ~li;ladon m ob~ my o~r ~ ~qui~ by law, IT. ~is ~!i d~s NOT ~LEASE ~e Pe~e ~m ar~' liabgities co=a~ m .~er ag~me~ or con~cu wi~ ee Ci~ ~ any o~er ~blic agency, 18, ~is ~ is NOT T~NSFE~LE, Work must ~ ~ffo~ by ~e ~e or bis ~si~m~ ~ent 19, C~L BACK (:all ou0 due m eme~encies ~ga~mg ~,s ~l~ ~gl ~ at ~ cu~m ove~e ~ ~ a ~ (~) ~r miRi~ ch~e ~r ~u~ncc. ~smm o~er ~an slo~ ~a~r, Applicant sh~l a~e~ to ~e :nEST ~AG~E~ PI ~C~ embl~M ~ ~e ~ C~ V~ey Nonfat Souse PoEudon Comrol Program, Applicant shall be responsible for ensuring that all those pr~'idmg se~ices under ,he i.pplicant are awnre of and undm~ all of the above ¢ondilions, Applicant /' ~) Dale j:\forms\pwp~rnt2 6/96 02/01/2001 9:55:14 AM pA'VMENT HISTORY FOR CASE ENC2000-00009 Fee Type: APP Description: Encroachment Application Fee Date Paid Receip~ Check# Recorded By 08/30/2000 1000133416 1116 JD Total Paid: Fee Type: Fee Type: Fee Type: Fee Type: Fee Type: Total Fee: Amount Paid $236.25 $236.25 Due: Receip~ Check~ Recorded By 133416 JD Total Paid: CASH Description: Construction Cash Deposit Date Paid Receip~ Check~ Recorded By 08/30/2000 1000133415 1116 JD Total Paid: APP Description: Refund - Encroachment Applicat Total Fee: Date Paid Amount Paid 02/01/2001 (S236.25) ($236.25) Due: Total Fee: Amount Paid $960.00 $960.00 Due: CASH Description: Refund - Construction Cash Dep Total Fee: Date Paid Receipt~ Check~ Recorded By 02/01/2001 133415 JD Total Paid: PCDP Description: Plan Check Deposit Date Paid Receipt# Check~ Recorded By 08/30/2000 1000133414 1116 JD Total Paid: PCDP Description: Refund - Plan Check Deposit Date Paid Receipt~ Check~ Recorded By 11/17/2000 133414 JD Total Paid: Fee Type: PCI1 Date Paid 08~30~2000 Fee Type: PCI1 Date Paid 02/01/2001 Fee Type: SDA Date Paid 01/13/2000 Amount Paid ($960.00) Due: Total Fee: Amount Paid $500.00 $500.00 Due: Total Fee: Amount Paid ($500.00) Due: Description: Non-Util Plan Ck/Insp to $250K Total Fee: Receip~ Check# Recorded By Amount Paid 1000133416 1116 JD $2,880.00 Total Paid: $2,880,00 Due: Description: Refund - Non-Util Plan Ck/Insp Total Fee: Receip~ Check~ Recorded By Amount Paid 133416 JD ( 32,880. Total Paid: ($2,880.00) Due: Description: Storm Drain Fee - R-1 Total Fee: Receip~ Check# Recorded By Amount Paid 1000127376 955 JD $679.52 Total Paid: $679.52 Due: Totals for ENC2000-00009: $679.52 Paid: $679.52 Due: $0.00 Fees: $236.25 $0.00 ($236.25) $0.00 $960.00 $0.00 ($960.00) $0.00 $500.00 $0.00 (SS00.00) $0.00 $2,880.00 $0.00 ($2,880.00) $o.0o $679.52 $0.00 Page 1 of 1 ¢i1~ o~ ¢ompbell- Check Re~ues~ To: Finance Director Check Payable To: Address - Line 1: Line 2: City: Nikola L. Zlatanov 915 Erie Circle Milpitas Fee Refund $3,116.25 101.730.4722 State: CA Zip: 95035 Description: Total Payable: Account Number: Account Number: Receipt #: Date: Purpose: 133416 08~30~2000 (Exact Amount) Amount: $3,116.25 Amount: Permit #: ENC2000-00009 Refund of Encroachment Application Fee ($236.25) and Plan Check & Insepction Fee ($2,880.00). ~arold I-l'0usfey' ~' "~'_ '~ -'~/~ Approved by: ,t/~, ,/~,,/u ~, ~/.2~~ ~ Title: Land Dev. Mgr. Date: Lynn.iPenoyer o2/ol/ol 02/01101 Special :Instructions For Handling Check Mail As Is: Return To: Other: Mail in Attached Envelope: Joanne D 'Ambrosia (Name) Interim Check: Needed By: Public Works/City Hall (Department) f/n: Forms/exce!/chkreq Revised 02100 To: Finance Director Check Payable To: Address - Line 1: Line 2: City: Description: Account Number: Account Number: Account Number: (Finance Dept only) Total Payable: Purpose: Refundable Deposit Check Request Nikola L. Zlatanov 915 Erie Circle Milpitas State: CA Zip: 95035 Refund Deposit 101.2203 Amount: Amount: Amount: 101.540.7448 Interest Earned $960.00 (Exact Amount) Refund of Construction Cash Deposit $960.00 (Finance Dept only) Voucher #: Permit 0: ENC2000-00009 Receipt #: 133415 Req u ested by: ~'/Z~'~,~~~A ~. Title: Ha r~)ld~jl~'y~ - . / Approved by: ~-LA, t~A ~ ~O,-~-~.~5--~ Title: Lynn~'Penoyer Finance Dept Only: Verified by: Title: Date: 08/30/2000 Land Dev. Engineer Date: Land Dev. Manager Date: 02/01/2001 02/01/2001 Accounting Clerk II Date: Approved by: Title: Accountant Date: Special Instructions For Handling Check Mail As Is: Mail in Attached Envelope: Interim Check: Needed By: Return To: Joanne D 'Ambrosia (Name) Public Works/City Hall (Department) Other: f/n: Forms/excel/chkrec Revised 05/00 City of Campbell - Refundable Deposit Check Request To: Finance Director Check Payable To: Address - Line 1: Line 2: City: Description: Total Payable: Account Number: Account Number: Account Number: (Finance Dept only) Purpose: Nikola L. Zlatanov 1320 Hacienda Avenue Campbell Refund Deposit $soo.oo 101.2203 101.540.7448 Interest Earned Refund Plan Check Deposit State: CA 95008 (Exact Amount) Amount: $500,00 Amount: Amount: (Finance Dept only) Voucher #: Permit #: ENC2000-00009 Receipt #: Requested by: Approved by: Finance Dept Only: Verified by: 133~14 Harold H~j....._...~ Bill Helms"~ w _ Date: 0813012000 Title: Land Dev. Eng. Date: 11/'17~2000 Title: Land Dev. Mgr. Date: 11117/2000 Title: Accounting Clerk II Date: Approved by: Title: Accountant .Date: Special :[nstructions For Handling Check Mail As Is: Mail in Attached Envelope: Interim Check: Needed By: Return To: Joanna D'Ambrosia (Name) Public Works/City Hall (Department) Other: f/n: Forms/excel/chkreq Revised 02/00 I PUBLIC WORKS DE?ARTS, lENT ~dgCEIl~T ~TO C~t~ Cl~rk I,~.$n4~:T p~r~'~G~&~,'(Jb~4i&'~i;a~ .................................................................................................................... ' ............. ::::::::::::::::::::::: ..................... ~:~::~:~:~*~:~~~:~:~j rENCROACI{VlENT PER,MIT 4722 220Y 2203* 22031 2203 4T22! 4722 i-- Non. Udlilv ~ncto~chment Permit R-I First Permil I.J~:qt), E~hmenl Peril Residennal ~ C~.ec~ ~oos~ - Faithful Pe'-rbr manet ~bot and Material Security P~an Ch~ & h~speaion F~ [Non-Udlity~ Engr.~5~. < S~0,~ ~ of ENGR, ~T;, iingr. ESL > ~50,~ bore 5~ Lin~ Feet ~ /S, IJ~ft) 2 lnnol~tVaai~/Etc. (SI 19.25/~1 ~ ~e SeURe~val $ V,~r~t Tree Ptamin~/R=m,~val *,S Ufiiil? >..~$ )0,000 *722[ S:teetTr~ hn,ng/Rernoval Permit i$110.25} 471~1 PrOJeCt PtaEs & $oecJfic3[lol~ Pro ~c: NO. ~;~j Statl, ua r~ ~.. :[r'i.clmoas & D .... $1,'pi $[2 50/Bkl __ ~O~cS ~: ~n~txlctring Maps & P~m &erial Pro~ 2a' x 36' tS~2~ ' Maps a~ J P'a;~ 24' x 36" rS5) 4~2J Pe~altic Fa~lu~ to corr~t u~af~ =onditiom [$1~/C~lend~ Day) ~ND DEVELOPb(ENT ! TRAFF1C 1728I 4722 Lot Lin ,,_djp[[rnent (8577.5OI 4722[ Parcel ,t:Dp la L,9,~s or L~s~ isl. i25 + $251Lop 4T22~ Final 'T ac: ~ap (5 or More bOLS) ~$1.450 + $2.$/Lot; 47221 Cerufic e of Complianc~ 4722j Ccrtffic e o; Correct:on (S315} ~.7221 Notary .:ce !per si,~r~;ure} 4~2j Vacmio; of Public L~i: ~,dditlanal Lot __4.922i Parklant Dedication F~e a~65 ~ Posla~ie ,725i fS5'77.3DJ iS 178.5ffl i~ ersec!lon Turn Cuunu [a.m. or 2 ,~ ~aks) rSISl.2.Jl Tr~Tfic Flew Map/Dmlv Traffic Volumes~ Car'ooetl Traffic M~eI (Full ~p~ CamF*eJ! Traffic M~e~ (R~ace~ 4"281 No P=r~ n~ Signs 5b'e~h or TOTA b I 4'r2L 0100013~1~ ?TTV -~ ~&NP,r,'"'i i . AMOUNT PLi~',-'i/ ~J!] .' 4 ] ! :4 ~. VU P 2C WORKS DEPARTMENT RECEIPT Effective August 1. 1999 Please collect & receipt for the tbllowing monies: ~i5 :.:::.ii:il i~::i ::::ili!i i 435.535.4921 ] Proiect R ....... (specify proiect ENCROACHMENT PERMIT 4722l Application Fee Non-Utility Encroachment Permit Minor Encroachment Permit < $5.000 R-I First Permit (No Fee) Subsequent Permit/Yr Utility Encroachment Permit Arterial/Collector Street Residential Street/Other Areas 22031 Plan Check Depusit - 2% of ENGR. EST. ($236.25) Faithful Perforntance Security (FPS) Labor and Materials Securdv ($341.25) ($236.25) (100% of ENGR.EST.) 9~03 2203} 2203I 2203 47221 (104)% of ENGR. EST.) Monulnenta(ion Security Cash Deposit Labor and Material Security (100% of ENGR.EST.) (4% of ENGR.EST.)($500 mtn/S10,000 max) (100% of ENGR. EST.) Plan Check & Inspection Fee (Non-Utility) Engr. Est.< $250.000 (12% of ENGR. EST.) Engr. Est.>$250~000 (DepoMt 8% of ENGR. EST./S30.000 min.)*' Utility < $100,000 Minnnum Charge Per Location ($126) ConduitslPipelines up to 500 Feet ($1 75/ft) Above 500 Lineal' Feet ($1.15/ft) Manholes/Vaults/Etc. (Sl lO.25/ea) Pole Set/Removal I$110.25/ea} Street Tree Plaming/Removal f$1 lO.25/tree) 22031 Utility > $100.0OO Actual Cost + 20% *' 4722 Street Tree Planting/Removal Permit 4760 Project Plans & Specifications Standard Specifications & Details 4760 4760 Copies of Engineering Maps & Plans Aerial Plot 24" x 36' Aerial Print 8 1/2" x 11" Maps and Plans 24" x 36' 4722[ Penalties: Failure to restore public improvements i 4722 Penalties: Failure to correct unsafe conditions LAND DEVELOPMENT 4722 Lot Line Adiustment Parcel Map (4 Lots or Less) Final Tract Map (5 or More Lots) 4722I 4722 4722 Certificate of Cornpliance 47221 Certificate of Correction Notary Fee (per signature) Vacation of Public Streets & Easements 47221 Assessmem Segregation or Reapportionment First Split Each Additional Lot Storm Drama,ge Area Fee Per Acre 4721 4965 [ Postage ~TRAFFIC 49201 Parkland Dedication Fee (75%/25% Due Upon Cert. of Occupancy) ($110.25) Project No. (SI/Pg $12.50/Bk) ($42) ($5) ($100/Calendar Day) ($100/Caleodar Day) ($577.50) ($1,125 + $25/Lot) /$1,450 + $25/Lot) ($315) ($I0) ($577.50) ($577.50) ($178.50) IR-I $2000) (Multi-Res. $2,250) (All Other. $2.500) 4728[ Imersection Turn Counts (Two-Hour Count) ($63) 4728t lntersecuon Turn Counts ~a.m. or p.m. peaks) ($131.25) Traffic 47281 ($28.35) Flow Map (Daily Traffic Volumes) 4728 Campbell Traffic Model tFull Scope Assessment) ($2.362.50) 4728 Campbell Traffic Model /Reduced Scope Assessmentt ($777) 4271 Truck Permits 1536.75/trip) 4728 No Parking Signs (SI/each or $25/100) OTHER TOTAL - . I '*Actual Cosl Plus 20% Overhead (Non-Interest bearing de.sit) h:\forms\ecfrm4.xls rev. 7/13/99 (rap) Jan Hemsley From: Sent: To: Subject: Joanne D' Ambrosia Monday, February 12, 2001 3:35 PM Jan Hemsley Bonds from Vault We need to obtain the bonds described below that are currently in the vault: Encroachment Permit #ENC2000-00009 1320 Hacienda Ave. Nikola & Tzvetanka Zlatanova Bond for Faithful Performance and Bond for Labor & Materials $24,000 Far West Insurance Company NOTICE OF CANCELLATION RECE ¥ED PUBLIC WORK8 BOND NUMBER TYPE OF BOND ORIG EFFECTIVE DATE DATE OF NOTICE 407003333 Excess Weights and Other Highway and February 10th, 2000 February 7th, 2001 O B L I G E E City of Campbell - Department of Public Works 70 North First Street Campbell, CA 95008 FAR WEST INSURANCE COMPANY hereby notifies you that it has elected to cancel said bond in its entirety. Such cancellation will become effective 30 days after obligee receives notice. This notice is given to you in accordance with the cancellation provision in said bond, REASON FOR CANCELLATION: Per principal P R I N C I P A L Nikola L. Zlatanov and Tzvetanka P. Zlatanova 915 Erie Circle Milpitas, CA 95035 Address all correspondence relating to this notice to: By: FAR WEST INSURANCE COMPANY Susanna K. P. Truong / ~ LLI~ DEC. 14, iO---- ~-~-~\ 1995 ~'.,"'.... 'z,,, ~ ..~ .... ~-..>'~, ~'...-~%..' FAR WEST INSURANCE COMPANY 425 California Street, Suite 350 San Francisco, CA 94104-2105 (415) 362-1188 P R O Far West Bond Services of CA, Inc. 425 California Street, Suite 350 D U C San Francisco, CA 94104 E R BM-F1001 (8/99) (Attach Acknowledgements) (no~ l:'rincipal's and Surety's Attorney- in Pact) (h: ~landdav\ 1320whaciendafpbom! (rap) · BOND FOR ~'AITI-IFUL We, the underaigned O ' m~ ~ag~ ~d~ ~c laws of &g St~ of C~ifo~ in ~a sum of ~~Y FO~, ~ ($~ for ~ ~ymem of which ~m we obligam o~lv~ and o~ jo~dy ~d seve~y by ~c following provisions: ~ cofi~fion of ~i.S obligagon is: wi& ~e Ciw ~r &e ~j~r. a c~y of which ~a~acl is ~c~ ~d ~de a ~rr of ~ ~n~ g~ ~cflon of ~oj~r _S 99-09. 1320 WEST HA~A AVENUE _. ; : ~lly i~m~ ~d save ~=f ae ci~ ~m afl ~m ~d ~es w~ ir ~y suffer ~ ieasbn or fai]~ pc~~ of ~l of Con~'s obligatiom ~er ~e amh~ c~gt. ' If ~ la~l ~d~ ~ fil~ upon ~ bo~,. it shsll ~ ~1~ wi~fn o~ year ~er fl~ pn~mem ~ b~n m~e Und~ ac ~ ~clu~ng the wa~ ped~ if'a~, ~o~ for in ~c C~act, ~d venae Simll Ua in ~e Co~ o~ S~ ~ SUm o¢ C~nia. ~d a~ sum~. for va~ r~eiv~ s~la~ a~ ~g~ ~a~ nolchange, time, alm~don or a~doa m ~a m~ of ~ Con,act ~ m ~ work m ~ p~ffomd und& itior ~~ k s~ in ~ :~'ay ~gt l~ obUg~on on ~is bo~, and ir ~ by ~ m~ ~re~ ~v~ ~ pm~siom of gecdon ~!9 of ~e Civil Code o¢ ~e S~m of Cali~mia. ~ ~i~, ~e pe~es have ex,amd ~is eg~emem es of ~' ~ . N~O~ L. Z~TANOV AND ~V~A~ p. ZLATAN~V~, HUSBAND AND ~E AS 3OI~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of ~¢-d~q, (~ ~, ¢¢'z~ On ~'~, 2.2., P-J~0t),beforeme, ,.~'~,.'~'~¥J _fcC'~-~~ ~,'~ , Date Name and Title of Officer (e.g,," e Doe, N~ta~ Public") personally appeared ~'~ ~[ ~V ~)of~~M~q ~, ~[~vq, ~ personally known to me ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s)J~/are subscribed to the within instrument and acknowledged to me that--/they executed the same in ~r/their authorized capacity(iDs), and that by ~s/hc;/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand.and official seal. Signature of Notary Public OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docun]ent Title orType of Document: ~)~,~ ~-~_ {-- ~kl~[ ~~,q~' - ~-- }~ -LSd" Document Date:__ f~, 2_.Z., ~ ~b Number of Pages: .% Signer(s) Other Than Named Above: ~,~ ~-,¢-~,0.'~ {-J~¢), Capacity(ies) Claimed by Signer Signer's Name: ? Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited I~ General [~ Attorney in Fact L~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1997 National Notary Association · 9350 De Soto Ave., PO. Box 2402 · Chatswor[h, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 FarWest Insurance Company NOTARY ACKNOWLEDGMENT State of C.J~TFOm~TA County of SAN FRANCISCO Notary Public, personally appeared SUSANNA K.P. TRUONG WESLEY HONG (here insert name) personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ /~ (Seal) ~ COMMISSION · 1238130 ~ ~'~ #OTARY PUBMC - CALIFORNIA ~. ~ SAN FRANCISCO COUNTY T ~ My Comm. Exp. Nov. 12, 2003 ~.~ CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S) ENTITIES [] INDMDUALS [] CORPORATE OFFICERS [] PARTNERS [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type: Number of Pages: "Signer(s) other than named above: Document Date: BM-F1004 (3/96) · ,JND FOR LABOR AND We, the undersigned ~o (hereinaf~ '*Principal") ~ tnder th,,- laws of ~e State of N COMPANY .~_._.~__, a e. orpormtton or~-~..ed ~ _, and authorized to tran~ct ibuSiaess in ~e State of California, ~ Surety, are obligated to the city of Campbell (hereinafter "City"), a municipal corporation under '"-:he laws of the Sl~le of California, ~e sum of' ~rN~_FO .UR TI'IOUSAND DOl.I._,qlRe -- := ($~1~{~=_) for thc paymellr of Wili~h ~ we obligate our~lves ~d our ucc~sors and aasifp~, jointly and severalb, by me/ollowin~ provisien~: lac condition of this obligation is that the Principal entered, or is about to c'~lter, into a certain ~i'itten Contract with ~c CftY ! , a true and cozrcct copy of · hich is presemly on file ia the office of the City Clerk of the City of Campbell, which said Contr~t ;t~ hereby refuted to and made a part .-reef. Thc contract is entitled: $.99-09, 1320 WEST HACIENDA AVENUe.. Because Prir~ipal ia required to fornisb a bond ia connexion with the contract, provid~ngl thitt if Pri~ipal, or any of its tbcontractors, shah fail to pay for any materials, or other supplies, or for any work or labor on thg contracted work of any kind, or for nounts due under the unemployment insurance net with respect to ' · debt: ' · ' m an a. motm, riot exc,~miin~ the sum specified i~ rids:'bond, any work ..o_r_labor o.n ~ pro3.'~'t,~ chi Sur~3, 'on this bond will pay fo:: e to im fixed by tim court, amd also, m ~ stat is oroug, at ~poni the bond, a reasonable ~torn~,y's Now, therefore, we ' __, as S,;rety, ar~ obligated to the City of tmpbeli, in the sum of TWENTY-FOUR THOUSAND' D01I.ARS (L~_~.~i_, lawful ~./oney of the United Stress, for the yment of which sums will and truly to be'. made,' we the $~id Principn~ and Surety bind ourselves~ Stressors ~d assigns, jointly and veraliy, ~ these provisions. The condition of this obligation Ii that if Principal, its :successon or assigns, 'or its subcontractS, .or subcontractors, shall fail to pay · any labor, materials, or other supplies, used in the perf'.~maace of the work.contracted to be ~o~., or ~br amounts due under the .'-mpl0yment insurance act with respect' to this work or labor.~ then the Surety on this bond will pay. f~r ~ern, in an amotmt not exceeding : sum. specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorhe?s fee, to be fixed by the court. No prepayment o~ delay ia payment and no changes, extensions, addition or alteration of a~ provision of said Contra~t or in any ~,s and specifications referred t~ hereill, slid rio forbearan~ an the part of the City ihall operate to reI~.as~ the Sttrety f~om liability on this ~d, and consent to ~ such alterations without ~urther notice to or consent by the Surety is hereby ~iv~n, a~d the Surely hereby waives provisions of Section 2819 of the Civil Code of ~ Slate of California. ; ' In wimess, the parties have e'x~cuted this agreement aa of mh Acknowledgments) Principal's and ~"s Attorney in Fact) mdde¥\ ! 320whaciendal~.mbond (mp) ,2000, NIIiOLA ~,.~ 7_~ ATANOV AND '~ZI,~ETANKA P. ZLATANOVA, ~USBA~ND ~ AS 30I~ ~ANTS (Pr~ip~s) NIKO~. ZLATANOV ) ' -- . TZVETANKA P. ZLATANOVA (~e~) By ~~ :.. Ad~css of Surety: 4p~ CAT. TP~P~T~S~,~R~T. SAN F~NCISCOr CA 94~04 Sumty'S Bond N~r 407003~3.~ (Acc0mp~y ~s bond with aao~-in-~c~'s au,i~aN~ from [o cxccu~ ~ bond, ¢crtified ¢o include ~c ~c of an bna.} FarWest Insurance Company NOTARY ACKNOWLEDGMENT State of CALZFORNrA County of S~N FRz~L.~CTSCO On c:~/O '7/O'-~ before me, Notary Public, personally appeared SUSANNA K.P. ?RUONG I~SLE¥ BONG (here insert name) personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S) ENTITIES [] INDIVIDUALS [] CORPORATE OFFICERS [] PARTNERS [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type: Number of Pages: "Signer(s) other than named above: Document Date: BM-F1004 (3/96) LIMIT POWER OF ATr ORNEY Amwest Surety Insurance Company Far West Insurance Company POWER NUMBER 0001066122 This document is printed on white paper containing the artificial watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415) 362-1188 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: John J. l)aley Peggy Miles Joyce A. Tahira Susanna K.P. Truong Lillian G. White Melinda Thomas Wesley Hong Carolyne S. Emery Martha K. Weissbaum As Employees of Amwest Surety Insurance Co its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $25,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. BondNo. _4_,7!0,3~3: 3_* ...... Signed & sealed this 7TH day of .............. FEBRUARY 2000 ~, ~ ~~,~, Karen G Cohen Secretary · * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 31 st da~;ugust, 1999. Y-~' ~ fiE.''~'~'~ ~'Savage, Presidefft '~~~ ~ ~~Karen G. Cohen, secretary State of California County of Los Angeles On August 31, 1999 before me, JoAnne Anderson Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. *'~'o" 'W~'.~ *~ ""O .... ~..x-' X ~ DEC. 14, ~O~ DEC. 14, ~O~ 1995 :/0~ 1995 ~ +~ .(~ ~ :... ~ ,~ ..:~ ~V"~"X~ '"" ~", *'""""~'"'%~ ....... ....................... :'"' '~'~ ............................ '"' 5230 Las Virgenes Road Calabasas, CA 91302 (Seal) Comm. t 1192456 NOTARY PUBUC- CALIFORNIA Los An~es C~.ty TEL 818 871-2000 (Attach Acknowi~lgementsi (Both pri~iFai,s and Su~ety's Atmrn~- in Pa~t) (h: \l~n~lev\ 1320whacienda~ho.nd. We, the undersign~ ~-'-.~L.A L ~rATANOV AND ~ANKA p "~.,ATA~OVA. I4-~SRAND AND _WIFE A~ JOINT TE~ANT.~ ~. .a~r "C-onn'a~or ") ' and FAR r~EST Z.N ANCE: COMPANY a corporation orsanJzad under tim taws of the ~tate of ~RRm~gA : ' tran~.~_ Imsine. xs in ~ Stag: of' California, as ~'ety, are obiigauat to t~ City of Campl~u, :0w. minat~ "CRy') a muni~oai cot~zu, at/on trader the laws of the slam of California, in the sum of ~ FOUR ~ ($--.?,~.~~ for th~ payment of which sam we obltgam ou~ve.s and c~r s~ccessors a~ jointly and severally by thc following provisions: The corUlidon of rhi. s. obligation is: B~-ama tha obllga~ C~ntractot ha~, oll .?A~UAP¥ ~ ,2000, ~n~." red into wtttmn Contract ~th t~ C~ for tl~ Proj~t. a. copy of wblr~ contact i~ a~Kh~ and made a par~ of t~ ~a.~ rot consm~don of Project _$ 99=09. 1320 WE~I~ ~fA~"lq~'DA AVENfj~ _. Now, ther~:~, ir~ha C~ntr'a~r ,~., fai~t~uliy p,~'o~ ~ work in a,:c. orOn~ w~ t~ plans, and conu~t dooutmttts during e~ jori{inai term, and any extensions of the conu-a~ which rna~ h4 granmd by the City. with or xvklaxtt notice to th~ tan-ely, and if tt shill ,~,ti,fy aH clams and demands incurred under ~a eons'act, and ~hall fully ind~nmi~ al~ save harmless the City from ali 'costs and damages which it may suffer by ~ea$~n of failure m da and slutll t~imlmrse anti r~ay ~ City ail outlay and e',rpans~ whicl~ tl~ City may incur in m~: n~in,-O, de, mit. tiara th~ obligation shall b~ ~:~id; othet~i, to rumain in ~ fotr.~ ~ugt cftC. t, wi~ vat~ey obligateat m $=~xu~-. th~ fall tnd faithS! performance of al! of Contracr~.'s .obligations undnr the attKixed contras. ~f any lagai nation i~t filed upon this bond,, it ~hall I~ filed wi~in onn year ~ter flna~ pa~menz has ~ mad~ under r~e Contract excluding ~ warranty period, if/any, l~'o~ided for in ~c Corm'act, and venb~ ~d~all He in tize Coun~ of Santa Clara, Sate of California. and that surety, for value recaived ~tl~lates and agre~ ma~ nolchange, extension of' tin~, all, radon or addition to fha t~rms of tl~ Contract ox- to the work to ~ p~formed und~ it!or ~ accr, m~m, ying it shall in arty :way affect its obiiga~oa on this bond, and it doc~ by dfis me.~ns:wa.ive notic~ of any chan~, ~xt~nsion of time, alt~rafion or addition to ti~ terms of fha Comx~t or m th~ work or to r~ specifications, thereby waive~ tl~ provisions of Saction 2~i9 of th~ C~vil Coda of the Stnm of Caiiibrula. .,, Zn witne~, the parties have executed this aa~eement as of ,2000. NrKOLA L. 7..Z.ATANOV AN]:) T2VETAt,~CA p. By SAN FP~&NC:]:SCO. CA. SureCy'~ t~ond Number (Accompany this bond with At~nc"Y-h~-fact's authority from Sm'e~ to cxecu~i the~ bond, certi~cd co include the dare of the bond.) Date: CITY oF CAMPBELL Public ~Ydorks Department February 2, 2001 TO: TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT Nikola Zlatanov and Tzvetanka Zlatanova 915 Erie Circle Milpitas, CA 95035 Cruz S. Gomez, Assistant Engineer 1320 Hacienda Avenue, Campbell FROM: SUBJECT: We are forwarding the following: New Deferred Street Improvement Aqreement Remarks: Please sign. date, and notariz¢ and return to our office for acceptance and recording. J:\FORMS\CETRANS(EXCEL) Cruz ,,?~., 'Gomez ..... / 70 North First Street · Campbell, California 95008-1423 - TEL 408.866.2150 · FAX 408376.0958 · TDO 408.866.2790 Chuck Gomez From: Sent: To: Cc: Subject: Chuck Gomez Friday, January 05, 2001 9:07 AM Lynn Penoyer Chuck Gomez 1320 W. Hacienda Avenue, ENC2000-00009, Street Improvements The property owners have made a written request to the City, copy follows, to defer street improvement construction at this time. Michelle and Bill are aware. Please call her at 206-0790 and let her know what the status is of the request. Thanks, Chuckg Miche~]~e Quinney, P.E. Cit~' Engineer ?udolic Works Department 70 North First Street Campbell, CA 95008 December 15, 2000 Nikola and Tzvetanka Zlatanov 1320 W. Hacienda Avenue Campbell, CA 95008 Re: Street improvement Encroachment Permit No. ENC 2000-00009 RECEIVED DEC I .5 Z000 J~tJEtI. iC WORKS ACtMINiSTRATiO~ Dear Ms Quinney, We are building a single family home at 1320 W. Hacienda Ave, Campbell CA 95008. In order to obtain Building Permit we signed an agreement to perform Street improvement on 1/8/00. The Public Works Department estimate of the cost for the improvement was for the amount of $24,000. We were not able to qualify for higher Construction loan to include the above cost so we had to use Bond Company to ensure the Work would be done. We were planning to obtain a Home Equity Loan against the townhouse we currently live in, and cover the cost for the Street Improvement. In August of 2000 we found out that our General Contractor diverted $206,000.00 from our Construction loan to pay off his other debts. When we confronted him he filed for Bankruptcy and we had to stop the Construction due to insufficient funds and three Mechanical Liens on the property. Since we are on fixed salary income we had to apply for the above mentioned Home Equity Loan in attempt to continue the construction of our home on Hacienda. At this time we do not know if we will ever be able to recover even a portion of the money the General Contractor stole from us. In November of 2000 we received the approved plan for the Street improvement and we submitted it to two companies for estimate of the job. We were shocked when their proposals were for $44,379.00 and $45,437.00. We discussed the situation with Mr. Gomez. He was very kind to consult with other representatives of Public Works Department and we were told that 8 %" of asphalt only would be also acceptable and should lower the cost of the Street improvement. The odginal plan calls for 10" of crashed rock and 4" of asphalt. Unfortunately the bid for 8 %" of asphalt only was for $58,297.00. (Please, see attached copies.) All three companies told us: h~vhen it is such a small job the cost will be always high". Given the current financial circumstances we are not able to pay such huge amount of money for Street improvement. Without your help we will be forced to sell the house we worked so hard for. We are doing the best we can to finish our home on Hacienda. We want to be able to raise our children in our new home. We do not want to sell it. Dear Ms Quinney, please, allow us to defer the Street Improvement. We have been told that the Public Works Department is planning to improve Hacienda Avenue in the near future, probably as soon as in year 2001. Maybe we can pay our portion then or you may have some other suggestions. Please, help us. Thank you very much for your time and consideration. Sincerely, '~ ~, ~..., ~.,.-'~..,.~_.~ Nikola Zlatanov Tzvetanka Zlatanova Mailing address: 915 Ede Circle Milpitas, CA 95035 Phone/FAX (408) 946-1400 RECEIVED DEC I 5 ZOO0 ~UBLIC WORKS ~DMINISTRATIO~ ~, Campbell CA 95008. ~erform Street improvement on 1/8100. The Public ~s for the amount of $24,000. We were not able to o we had to use Bond Company to ensure the Work in against the townhouse we currently live in, and actor diverted $206,000.00 from our Construction :1 for Bankruptcy and we had to stop the ns on the property. ove mentioned Home Equity Loan in attempt to 'eh a portion of the money the General Contractor r the Street improvement and we submitted it to two d $45,437.00. ,,~ u,o~u~u me sl[uatlon wltl3 Mr. Gomez. He was very kind to consult with other representatives of Public Works Department and we were told that 8 %" of asphalt only would be also acceptable and should lower the cost of the Street improvement. The odginal plan calls for 10" of crashed rock and 4" of asphalt. Unfortunately the bid for 8 %" of asphalt only was for $58,297.00. (Please, see attached copies.) All three companies told us: "when it is such a small job the cost will be always high". Given the current financial circumstances we are not able to pay such huge amount of money for Street improvement. W~hout your help we will be forced to sell the house we worked so hard for. We are doing the best we can to finish our home on Hacienda. We want to be able to raise our children in our new home. We do not want to sell it. Dear Ms Quinney, please, allow us to defer the Street Improvement. We have been told that the Public Works Department is planning to improve Hacienda Avenue in the near future, probably as soon as in year 2001. Maybe we can pay our portion then or you may have some other suggestions. Please, help us. Thank you very much for your time and consideration. Sincerely, '~.~,_~~ Nikola Zlatanov Tzvetanka Zlatanova Mailing address: 915 Ede Circle Milpitas, CA 95035 Phone/FAX (408) 946-1400 I ITY OF I AMPBE£I Public Works Department 70 North First Street Campbell, CA 95008 TO: FACSIMILE COVER SHEET Fax Telephone No. '~--~ ~"=~'v, Cc, -- :~. C_)C -~r- FROM: Number of Pages Transmitted (including this page) \ Transmitted from Fax Phone # (408) 376-0958 If there are any problems with this transmission, please call Dept. Phone No. J:\FORMS\FAXFOR~M(WORD) City of Campbell Department of Public Works ~--N. CROACHMENT PERMIT ISSUANCE CFr'~CK LIST Encroachment Permit No. Tract No..~/~ ~ , ITEMS REQUIRED FOR PERMIT APPLICATION: "~~~' i~_=~. Applicant section complete '~~-/Applicant signature and date_(front and...l~k) ~ Permit Application Fee ~ paid - Receipt Number ~_.- Engineer's Estimate Submitted rrEMS REQUIRED PRIOR TO PU;B~I(~ WORK CLEARANCE'q~-O~BUILDING PERMITS) '~~ PE,,?Z~:ck> &,25I~oP.o~i~2e~¢~ Engineer s ,Effimate <-- $250,0~0_ ,~ Estimatek If Engineer's · $ , , ~_~.C~o,s~t 3 20 ,o. (Deposit of 8% of Engineer s Estimate required; $.,0,000 r~i,imum ~¢.~., deposit). Amount $ _--~/_~Yd (-/ Receipt No. ~/,~/~"-Security for Monumentation Amount $ Receipt No. ~ Construction Ej:u, ej;garOcy Cash Deposit: 4% of Engineer's Estimate. ($500 minimum, $10,000 max~um) _ Amount $ _J~_~/.f Receipt No. ~ ~ ~ Storm rainage Area Fee Amount $~ Receipt No..,/.-~7'_~ _~{'---? Workers Compensation Insurance In.formation Sheet Received for Applicant. Receipt No. ITEMS REQUIRED pRIoR TO ISSUANCE OF ENCROACI-IMENW PERMIT: Contractor's signature added to the permit application (front and back) Worker's Compensation Insurance Information Sheet received from Contractor. Certificate of Insurance with Additional Insured's Endorsement received from Applicant or C( CONSTRUCTIoN.One mylar set and four blueline sets of off-site plans signed by licensed engineer, starnped Al/~e3/~ffe.~ Permit signed by City Engineer. t~5~.f WHEN ALL OF THE ABOVE ITEMS ARE COMPLETE, PERMIT MAY BE ISSUED. Issuer: Initial and date and file with permit. PO SUANCE, INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND j:\word\forms\pmtcklst rev. 4/97 . ~ _.~ ~ .~ ' ~ / '7-- PUBLIC WORKS - ENGINEERING DIVISION .................. MEMORANDUM TO: FROM: SUBJECT: DATE: Bob Kass, Public Works Director Bill Helms, Land Development Manager I. Harold Housley, Land Development Engineer STREET IMPROVEMENT AGREEMENT Attached please find the signed and notarized copies of the street improvement agreements for / '~"'~'~,~1~ ~', ~./f/,~.~,,./~i~ ,// ~'¢ for your signature. (Address) This agreement was required as a condition of approval for was approved by · · , which City Council Resolution No. on Planning Commission Resolution No. Community Development Director on Public Works Department/Land Development Section on This agreement requires the improvements to be iristalled: Within 12 months from the date of the agreement and the required bonds have been submitted. Within 12 months from the date notified by the City Engineer to install the required improvements. j:\mq\ld\agrmemo (1/4/00) Recording Requested by: City of Campbell When recorded mail to: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 ) ) ) ) ) ) ) ) ) ) (Space above this line for Recorder's use only.) STREET IMPROVEMENT AGREEMENT THIS AGREEMENT (identified as File No. S 99-09 ) made and entered into this day of , 19 , by and between NIKOLA L. ZLATANOV AND TZVETANKA P. ZLATANOVA, HUSBAND AND WIFE AS JOINT TENANTS , hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on November 23, 1999 the Planning Commission granted conditional approval of S 99-09 per Resolution No. 3248 for that certain real property described in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 1320 WEST 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 approval of the above described File No. S 99-09 per Planning Commission Resolution No. 3248; 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, street improvements as described in Section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 month period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. 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 West Valley Sanitation District 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 calculated in accordance with Resolution No. 9539 as adopted by the City Council on June 1, 1999, or as may subsequently be adopted by the City Council. (6) Owner, or his successors, shall file with City, prior to clearance for the issuance of building permits pursuant to said File No. S 99-09 and Planning Commission Resolution No. 3248, surety acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after 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 West Valley Sanitation District of Santa Clara County to ensure the. installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground 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 ensure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with 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. (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 1320 West Hacienda Avenue , and the City's property, commonly described as West Hacienda 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 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 terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. (21) Owner shall provide and construct public street improvements prepared by a Civil Engineer per the conceptual preliminary plans titled" SITE PLAN ," which are subject to approval by the City Engineer, prepared by MORELAND ASSOCIATES, INC., ARCHITECTS IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his name to be affixed the day and year first above written. OWNERS NIKOLA L. ZLATANOV AND TZVETANKA P. ZLATANOVA, HUSBAND AND WIFE AS JOINT TENA~.,/TS Nik°la L' ~Z~/a~°v 5 Tzveta~a P. Zlatanov~' (Notary Acknowledgment for above signator(ies) MUST be attached.) CITY OF CAMPBELL Robert Kass, Public Works Director H :\landdev\ 1320whaciendaimpagrmp) EXHIBIT A Beginning at a poim in the Southerly line of Hacienda Avenue, formerly Allendale Avenue, distant thereon S. 83° 00' 50" W. 70.00 feet from the Northeast coruer of Lot 3, as said Avenue and Lot are shown upon the Map hereinafter referred to; thence leaving said line and running at right angles thereto S. 60 59' 10" E. 200.00 feet; thence miming parallel to said line of Hacienda Avenue S. 830 00' 50" W. 80.00 feet to the point of imersection thereof with the East line of the West one-half of Lot 4, as shown upon said map; running thence along said last named line N. 60 59' 10" W. 200.00 feet to the Southerly line of Hacienda Avenue; running thence along said last named line N 83° 00' 50" E. 80.00 feet to the point of beginning; and being a portion of Lots 3 and 4, as said Lots are shown upon that certain Map entitled, "Tract No. 89 Rinconada Gardens, in the County of Santa Clara, being a part of the 3.87 and 3.15 acres conveyed by Frank Spadafore, et ux, to M. R. Bookwalter, 914 O.R. 313", which said map was filed for record in the office of the County Recorder of the County of Santa Clara, State of California, on May 29, 1939 in Book 3 of Maps, at page 59. STATE OF CALIFORNIA COUNTY OF SANTA CLARA (l~otac~ Public)' ?ersena!!y L'-.c,;vn tc, me (or proved to me on the basis of satisfactory evidence) to be the perso s~hose nam~ i~h"~ubscribed to the within instrument and acknowledeed to me that he/she~executed the same in his/he'-~~uthorized capacity(~md that by his/her~gnam s~pn the instrument, the perso s~,~, r the entity upon behalf of which the persor~cted, executed the instrument. WITNESS my hand and official seal. LORNA K ROACH NOTARY PUBLIC - CAUFORNIA COMMISSION # 1129385 SANTA C~RA COUN~ ~~ ~mmission ~. Mamh 16, (This area for notarial seal) 0!725/2000 11:51 4088070201 WESTFALL ENGINEERS PAGE 01 WE.STFALL. ENGINEERS. CONSULTING ENGINEERS 14583 BIG BASIN WAY SARATOGA, CA 95070 TEL: 008)867-0244 FAX: (408)867-IS261 FACSIMILE TRANSMITTAL FORNI DATE: TO: OF (COMPANY): FAX NUMBER: SUBJECT: lOB NO: FROM: Harold FIously Z_atonov property, lB20 FIacienda Ave, PAGES: ~ (including this cme) MESSAGE: Enclosed is a copy of preliminl.ry cost estimate for the public improvements along the subject property as per request of Jim Morelan. Sincerely, Sitka. cc: Jim Morelan 01/25/2000 11:51 408867626i WESTFALL ENGINEERS PAGE 82 14583 Big Basin Way . Saratoga, CA 95070 Telephone (408) 867-0244 . PRELIMINARY **** CSN~.TRUCTION COST ESTIMATE **** Job: HACIEN Estimate Date: 25 January 1320 Hacienda Avenue (p~,blic improvements) By: Jitka NOTE: 'c' after Item Dolla~ ~.mount Indicates Contingency Item. Quantity Unit Cost *** SITE PREPARATION & GRADIS'G *** Contractor Mobilization: Mobilization ............. ~ ......... LS !Ccntractor Mobilization Subtotal: Demolition/Removal: ~ Clearing & Grubbing ...... ~ ......... LS Asphalt Digout and Replace ......... 200 CF 5.00 Pavement Grinding ........ ~ ......... 160 SF 0.80 Demolition/Removal Subtotal: SITE PREPARATION & GRADING Subtotal: Contingencies: :SITE PREPARATION & GRADING Total: *** ROADWAY/STREET IMPROVE~.E~'TS *** Pavements: Asphalt : 6" PCC Curb & Gutter ' Driveway ~ PCC ............. : ......... PCC Sidewalk ....................... 3.5 TN 80.00 56 LF 22.00 240 SF 7.5O 252 SF 6.50 Miscellaneous: Street Tree (24" box) .............. Pavements Subtotal: 1 EA 450.00 Miscellaneous Subtotal: Item Total 500.00 500.00 c 500.00 c 1,000.00 c 128.00 c 1,628.00 2,128.00 212.80 2,340.80 280.00 c 1,232.00 c 1,800.00 c 1,638.00 c 4,950.00 450.00 c 450.00 Page 1 of 2 81/25/2888 11:51 4888676261 WESTFALL ENGINEERS PAGE 83 Construction Cost Estimate'- HACIEN ROAbWAY/STREET IMPROV~ENTS Subtotal: Contingencies: ROADWAY/STREET IMPROVEMENTS Total: 5,400.00 540.00 5,940.00 *** MAJOR CATEGORY TO~A]..S (Does Not Include Contingency Costs)- · SITE~ PREPAraTION & GRADING: ROADWAY/STREET IMPROVEMENTS: TOTAL COST WITHOUT CONTINGENCIES: : *** SUMMARY (Includin~ Contingency Costs): TOTAL OF COSTS SUBJECJ~T TO CONTINGENCY: CO.NTINGENCIES @ 10%: TOTAL OF COSTS NOT SUBJECT TO CONTINGENCY: TOTAL ESTIMATED CO[STRUCTION COST: NOTES: 2,128.00 5,400.00 7,528.00 7,528.00 752.80 0.00 8,280.80 1. Since Westfall Engineer~ has no control over the cost of labor, materials, or equipment, ~oz over the contractor,s methods of determining prices, or over competitiv~ bidding or market conditions, our opinions of probable project cost or'ccnstruction cost provided for herein are to be made on the basis of our e~perience and qualifications and represent our best judgment as design prcfessionals familiar with the construction industry, but Westfall Engineers cannot, and does not, guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared ky the firm. Page 2 of 2 PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1320 W. HACIENDA AVENUE Date: 01/26/2000 ENCROACHMENT PERMIT NO. APPLICATION NO. S 99-09 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT I. SURFACE CONSTRUCTION MOBILIZATION I LS $ 1,000.00 $ 1,500.00 $ 1,500.00 'CONSTRUCTION TRAFFIC CONTROL/PHASING I LS $ 750.00 $ 1,000.00 $ 1,000.00 CONSTRUCTION STAKING 1 LS $ 500.00 $ 750.00 $ 750.00 CONSTRUCTION TESTING I LS $ 750.00 $ 1,000.00 $ 1,000.00 H, DEMOLITION/CLEARING 1. CLEARING & GRUBBING LS 2. SAWCUT P.C.C./A.C.(UP TO 6") 8~ LF $4.50 $3.00 $2.00 $ 240.00 3. P.C.C. REMOVAL SY $30.00 $23.00 $10.00 3.5 AC REMOVAL 107 SY $15.00 ! $ 1,605.00 4. CURB AND GUTFER REMOVAL LF $6.00 $3.00 $2.00 5. MEDIAN REMOVAL SF $4.50 $2.25 $1.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA HI. STORM DRAINAGE I. 12" R.C.P. (CLASS V) LF $60.00 $40.00 $20.00 2. 15' R.C.P. (CLASS HI) LF $65.00 $48.00 $38.00 3. 18' R.C.P. (CLASS III) LF $70.00 $60.00 $52.00 4. 24' R.C.P. (CLASS III) LF $80.00 $68.00 $59.00 5. 30' R.C.P. (CLASS III) LF $90.00 $75.00 $65.00 6. T.V. INSPECTION (12') LF $1.20 $0.75 $0.60 7. STD. DRAINAGE INLET EA $1,600.00 $1,300.00 $1,000.00 8. FLAT GRATE INLET EA $1,400.00 $1,I00.00 $900.00 C.C. DETAIL 6) 9. STANDARD MANHOLE EA $2,000.00 $1,600.00 $1,300.00 C.S.J. DETAIL D-Il) 10. BREAK AND ENTER M.H./D.I. EA $700.00 $550.00 $450.00 11 INLETS/DRAIN PIPES EA $700.00 $250.00 Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K S AMOUNT IV. CONCRETE IMPROVEMENTS 1. SIDEWALK 234 SF $6.50 $4.50 $2.75 $ 1,053.00 2. DRIVEWAY APPROACH 266 SF $7.50 $5.50 $3.75 $ 1,463.00 3. CURB AND GUTTER 80 LF $22.00 $18.00 $15.00 $ 1,440.00 4. VALLEY GUTI'ER SF $12.50 $10.00 $8.25 5. HANDICAP RAMP EA $1,200.00 $800.00 $700.00 6. TYPE B-I CURB LF $12.00 $9.50 $7.50 7. TYPE Al-B3 CURB LF $15.00 $12.00: $10.00 8. COBBLESTONE MEDIAN SURFACE SF $12.00 $8.00 $5.00 9. P.C.C. DRIVEWAY CONFORM SF $7.00 $5.50 $4.50 10. A.C. DRIVEWAY CONFORM (32' x 9.5') SF $4.50 $3.75 $3.00 ¥. iPAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF $5.00 $3.50 $2.50 2. PAVEMENT WEDGE CUT (6') LF $5.00 $2.50 $1.50 3. PAVEMENT GRINDING 1440 SF $0.80 $0.50 $0.35 $ 720.00 4. PAVEMENT FABRIC (PETRO-MAT) SY $2.00 $1.85 $1.50 5. ASPHALT CONCRETE (TYPE A) 68 T $80.00 ! $50.00 $35.00 $ 3,400.00 (80)(33)(0.33)(0.0775) 6. AGGREGATE BASE (CLASS 2) 185i T $40.00 $20.00 $12.00 $ 3,700.00 (80)(33)(I .00)(0.070) 7. SLURRY SEAL (TYPE II) SF $0.07 $0.06 $0.05 8. SLURRY SEAL (TYPE III) SF $0.11'- $0.09 $0.07 VI. TRAFFIC SIGNALS/LIGHTS 1. DETECTOR LOOP (6' ROUND) EA $450.00 $300.00 $250.00 2. DETECTOR LOOP (6' x 30') EA $650.00 $540.00 $440.00 3. DETECTOR LOOP (6' x 50') EA $900.00 $750.00 $640.00 4. ELECTROLIER 1 EA $2,600.00 $2,200.00 $1,800.00 $ 2,200.00 5. I I/2' RIGID CONDUIT 80 LF $9.00 $7.00 $5.00 $ 560.00 6 2" RIGID TRAFFIC SIGNAL CONDUIT LF $ 17.00 $ 13.00 $ 10.00 Page 2 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT 7 CONDUCTOR 24~ LF $ 0.70 $ 0.55 $ 0.45 $ 132.00 8 PULL BOX (NO. 3 1/2) 2 EA $300.00 $240.00 $185.00 $ 480.00 9 TRAFFIC SIGNAL PULL BOX (NO. 5) EA $400.00 $350.00 $300.00 10 PULL ROPE LF $13.55 VII. STRIPING AND SIGNS I. REMOVE PVMT. MARKINGS (PAINT) SF $2.50 $1.50 $1.00 2. REMOVE PVMT. MARKINGS (THERMO) SF $3.00 $2.00 $1.40 1 3. REMOVE PVMT STRIPING LF $1.40 $0.80 $0.40 4. ;TRIPING DETAIL 9 120 LF $1.35 $0.85 $0.35 $ 102.00 5. STRIPING DETAIL 29 (THERMO) (120 LF) SF $3.80 6. STRIPING DETAIL 32 (THERMO) (545 LF) SF $3.80 7. iTR1PING DETAIL 37 (THERMO) LF $1.85 $1.50 $1.00 8. STRIPING DETAIL 38 (THERMO) (130 LF) SF $3.80 9. STRIPING DETAIL 39 LF $1.50 $0.85 $0.45 10. 5TRIP1NG DETAIL 40 LF $2.20 $1.70 $1.00 11. LIMIT LINE LF $1.35 $1.05 $0.90 12. CROSSWALK, '12' WHITE LF $1.35 $1.05 $0.90 12.5 NEW CURB, RED PAINT LF $1.35 13. PAVEMENT MARKINGS (PAINT) SF $2.50 $3.80 $1.60 14. PAVEMENT MARKINGS (THERMO) SF $5.50 $3.80 $2.60 15. PAVEMENT MARKER (NON-REFL.) EA $4.50 $3.00 $2.20 16. PAVEMENT MARKER (REFLECTIVE) EA $6.00 $4.15 $3.15 17. FYPE K MARKER EA $95.00 $80.00 $70.00 18. FYPE N MARKER EA $95.00 $80.00 $'70.00 19. SALVAGE ROAD SIGN EA $85.00 $75.00 $65.00 20. RELOCATE ROAD SIGN (WSI ON NEW POST) EA $100.00 $85.00 21. INST. RD. SIGN ON EXIST. POLE EA $200.00 $145.00 $110.00 22. ROAD SIGN WITH POST EA $300.00 $240.00 $195.00 23 INSTALL 1226S SIGN WITH POST EA $240.00 24 STANDARD BARRICADE LF $15.00 Pa! ~ 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT VIII. ;LANDSCAPING 1. IRRIGATION, PLANTING WORK LS $1,000.00 2 PRUNE TREE ROOTS EA $125.00 $100.00 $85.00 3 tREE REMOVAL EA $650.00 $500.00 $4~O.00 4. ROOT BARRIER (12') LF $20.00 $10.00 $6.00 5. ROOT BARRIER (18') 19 LF $25.00 $15.00 $10.00 $ 285.00 6. STREET TREE (24' BOX) EA $450.00 $325.00 $250.00 $ 325.00 7. STREET TREE (36' BOX) EA $700.00 $550.00 $400.00 8. ['OP SOIL BACKFILL CY $15.00 9 IRRIGATION 1.3 $1,300.00 $675.00 IX. iMISCELLANEOUS 1. PEDESTRIAN BARRIER LF $75.00 Sb0.00 $50.00 2. CHAIN LINK FENCE (6') LF $15.00 I $11.50 $9.25 3. RAISE MISC. BOX TO GRADE EA $300.00 $200.00 $175.00 4. RAISE MANHOLE TO GRADE EA $400.00 $275.00 ] $200.00 5. INSTALL MONUMENT BOX EA $450.00 $350.00 $300.00 6. vIEDIAN BACKFILL CY $19.00 $17.00 $15.50 7 RESET BENCH MARK LS $150.00 SUBTOTAL $ 21,955.00 PREPARED BY: CRUZ S. GOMEZ ~--~-~ 10% SECURITY ENFORCEMENT FEE $ 2,195.50 REVIEWED BY: I. HAROLD HOUSLEY TOTAL ESTIMATE FOR FAITHFUL $24,150.50 APP!~FIVI~I~ RY- RII.I. HELMS PERFORMANCE SECURITY $24,000.00 *See Section 66499.4 of thc Map Act. h:\landdev\ 1320whacienda.xls(mp) Page 4