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600 W. Sunnyoaks Ave. (TR8216) , . PLEASE TYPE OR PRINT HEA~ - YOU GET THE LAST COPY "1 TRACT NUMBER County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 1. Location of Tract . /" See Instructions Below 2. Proposed Tract Name 3. Number of Lots & Units 4. Approximate Acreage 5. Date of Planning Commission Approval of Tenative Map 6. Owner's Name 7. Owner's Address 8. Engineer's Name 9. Engineer's Address and Phone Number ~~. <'--' ..c.......,,~. ':""'_ ,_"~~,...."" ,_" "^'fl~'."_~'.' h~~".:-/'>'''''' .' , -..,........... 10. Is the Proposed Tract in an incorporated City? Yes No 13. Remarks: 11. Is the Tract Proposed for Annexation? Yes No 12. If the answer to 10 or 11 is yes, What City? INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ issuance fee. TRACT NUMBER ASSIGNED: This space for machine validation r",," REQUEST COMPLETE BY I DATE Routing White - LandDevelopment Coordinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer ~ Goldenrod - Owner's Engineer (Preliminary Copy) 1:!Y6240 REV BiBB !~~~~l1~H! THIS AGREEKENT (identified as No. TR8216) made and entered into this day of , 19___, by and between SUNNYOAKS TERRACE, a General Partnership hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval of Tract 8216 upon that certain real property commonly known as 600 Sunnyoaks Avenue, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described six-lot residential subdivision; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as defined in section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell and Sanitation District No. 4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of SIX THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS ($6,225.00) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No. 4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No.4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 600 Sunnyoaks Avenue, and the City's property, commonly described as Sunnyoaks 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 4 purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL Jeanette Watson, Mayor Barbara Olsasky, City Clerk APPROVED AS TO FORM: OWNER: William R. Seligmann, City Attorney 5 TO: City Clerk PUBLIC,KS FILE NO. Please collect & receipt for the following monies: ( $2,00) eJL: ($ 50) '( $500) (4% of FPB) ($500 min.) (n of FPB) ($ 35 min.) 3372 3521 3521 (Cash) Depos i t 3372 3521 Plan Check & Inspection Fee Other Cash Deposit (specify) 3373 3373 & 3372 3372 (JJ.7 2 -n-72 3372 3372 3372 Tentative Parcel Map Filing Fee ($350) Final Parcel Ma Filin Fee ($300) Tentative Tract Map Filing Fee $ 00 Final Tract Map Fil ing Fee ($350) Lot Line Ad'ustment Fee/Certificate of Com liance ($350) Vacation of Public Streets and Easements Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Envi ronmental Assessment:" Categorical Exemption ($500 plus actual cost Negative Declaration 'above $500) Storm Drainage Area Fee per Acre (R-I, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) 3372 3370 J395 3380 Public Works Special Projects 3510 Postage 1000 Vv. St'lk.~ AHourn $ 400 '?-- NAME M a. y I an c( - ( 1'17..)-- TOTAL 13 u \ [J ~ (- -.J ! 11 (. uJlnc-4~5'f<., " ~ $ 100 r--. PHONE J 7 S--- Lf )-0 u lk.v..-r \,.~ I L ZIP '1 rDof ADDRESS FOR C I TV CLERK CINL Y It/If b 4U1) c' i---r 1+-/s}M I RECEIPT NO. AMOl.I'IT PAID RECE I VED BY DATE' July, 1987 TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL LANDS OF ~ SITE ADDRESS: ,"00 w. ~Unnvco.k...r APN # 4 0 (eo - <<> 8" - 0 '" ( CONDLIBR CODE t (3 a v if) ~ c46 .c47 c48 <9 e ;fj 6) Installation of a sanitary sewerage system to serve all lots within the subdivision in conformance with the proposed plans of the County of Santa Clara Sanitation Distrct No.4. Sanitary sewerage service to be provided by said District No.4. Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Chief, Fire Department, City of Campbell. Fire hydrant maintenance fees shall be paid to City at the rate of $195 per fire hydrant. Subdivider shall create or provide any public service easement and any other public utility and/or public service easements as may be necessary for the installation of any and all public utilities and/or facilities. Compliance with the prOV1Slons of Title 20, Subdivisions of the Campbell Municipal Code. Subdivider to pay Storm Drainage Area Fee. Subdivider to furnish copy of Preliminary Title Report. Subdivider shall install street improvements and post surety to guaranty the work. Subdivider shall execute an agreement and post surety to install street improvements in the future and agree to join a Local Improvement District. Dedicate additional right-of-way to widen to feet from centerline. CC&R's to be approved by City Engineer to insure provisions for maintenance of buildings and common area. Provide a grading and drainage plan for the review and approval of the City Engineer. Obtain an excavation permit and pay fees and deposit for all work in the public right-of-way. Pay a fee of $ in lieu of dedication of land for parks. ~~/1r2.~ .' f: CONDLIDR USERl r 70 NORTH FIRST CAMPBELL, CALIFORNIA (408) 866-2100 STREET 95008 : f- If" t-~.. ~ /":' I/.J. 1<4" ~ ..,,, " ....f;, 1/' 1~ll)*,(i;v t'".n..:'I..".1s Af' (flft C~.......:,?{) y'1 'f' . -I /"' ,./,/' ,c. /' r (,.-0'.....( 0 ,/( w." ,(" ~ r.:> C::;. ,I ~ ~ '., , Iy .. "-I I' C, ,I-I" 611Io'1 :i.i Ie +"0 .s 1~;tI.... .?::>,,~;, I .,:"~ -; y l' ~lcIt - CITY OF CAMPBELL Department: Public Works Engineering Division ~~ ~ r~ r~~ (yV' ktll'1Aj 0 W s J ~ f' e-i tUC~ f~ -".~~ ~t f~~.~R~. 01C- December 2, 1988 SUBJECT: Tentative Subdivision -Lahds-- vi Hi:ldl:Ull t}t::: v. Go, N~rT'f~ _' :':'1:"..-1<1 Kc.'y fa nJ ~tPo W. DtJ; I )<-TJ 50 LA '-1 \~\4S Gentlemen: The enclosed Tentative Subdivision Map has been filed with the City Engineer for approval. A copy is being sent to you for the purpose of obtaining any comments or suggestions you may have with respect to it. If your comments or suggestions are not received prior to December 21, 1988 it will be assumed that no comments will be forthcoming. Sincerely, ~~~ Jlmes Penoyer Engineering Technician J/?~ ~ ~. \--iY\ ..~'- y\ ~ cp.l s . - (;<k- ~{,.~ ,,-- tlY\ (, \0 c.-UlI' {./ ()~ ~ j "rA---R LH 'Ct ~k~1r~ r5~fC- G cc+<; JL,11 s;.uJ, ,L~ . clc.e-,,J ~V\:A. i J, p~ H ; cJ! <: /"1 ,0 -hrJ~ 0V' C~('__ --{'1,-cct' ~ ~c~ ~{~ ~t.i~ ~ (/T ~ c} 1,1 CA_,(~;t.sL........t(""'-)