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325 Union Ave. (83-8) .)FFICE P 0 r) ~",' h (' :- " . . l\ __1,\ oJ .'J~'\ V" I:'\,,~ CA 9~150 ,-," ,., J;J...... -. : '--' hnl~: 80[',[1 DEPT. ~ Industriallnclemnltf U- 0 Crum oncl F...... _.......00 a 1 3 1986 CEIVED Genera I Form Status Inquiry Ilrr" t ,,...-,,':' I I,);.., ': l, r,o- Ir\DEMNl so. Pu ''LIC WUK/\,S. GINEERING- .IWNtlt. OaLIGEE O. OiJltIG'IiIrlI.TING CO..,....NY OATE FEB 11 ,0'-(' ou. .OND NO entral Avenue YS 853- 812 Campbell. CA 95008 CONTIIIACTOiJlt Lincoln Campbell Limited Partnership ADD"';.. Dr.CIlt'~TION 0'- CONTIIIA.CT 11'I(I..d, IOi'tlho" ,,,ul DU"""', cOrt'rtJrf ...."'b,.,) Subdivision: Agreement S 83-8 dated 3/14/84. Offsite improvements at 325 Union Avenue Campbell, CA OWNf'. Lincoln Cam bell CONTiJltACT ~IItICI[ BONDIS) I[""ECTIV[ DAT[ . · 66,000 3/14/84 WITHOUT ~REJUDICING YOUR RIGHT OR "'F"F"ECYlNG OUR LI"'BILITY UNDER OUR BOND'S> DESCRIBED ...BOVE WE WOUL.D ...~~RECI...TE SUCH INFOR"",...TlON ...5 IS NOW ...V...IL....BLE SINCERELY, nLLf J~ BY Bond Dept. I IF" CONTR"'CT CO""'~LETED, ~LE"'SE ST...TE: ...~~IIItOJ:I..AT[ DATE OF' CO""L[TION OF WOllll< 1M I",a/J,ln''')'J It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely an expression of opinion, It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correct, ness is made and no responsibility is assumed as a result of reliance --- by the surety, whether such informatIOn is furnished by the owner or by an architect or engineer as the agents of the owner, .......OII...ATE ACCE_TANC[: DATE F"IHAL CONT.....CT ~.IC[ . 2 IF" CONTR...CT UNCO....~I_ETED, ~LE...SE ST...TE A~~~O.'WAT~ ~[~C[NTAGE O~ OO~~.~ AW~T~ACT CO"'PL!TEO OR OElIV!'RED 3 DO YOU KNOW OF" "'NY UN~...ID BILL.S FOR L...BOR OR M...TERt-'L o YES G- NO ~ "E"",...RKS ,'11..,) 0C)~_) T L - f U~.:1J.1 ( VI r v" r' ,-J-r.. , ' L- C ./ ) //C L') .~I "I J L S'G'''TU~'. i:,';i 1]Yll({t4;LL~('1 TITLE /4; je c:L '-' :u,T[ ~ / _1 'I.. I (. '-, r7 / AOOA(!S, PLEASE RETURN THIS INQUIRY IN THE ENCLOSED ENVELOPE, .TT[:N~IO"'" ,VQ30 A3 110-77) (iU,(/ ---r D~ It. r y .J-' (j, , ~ ~t~ (A./ TIZ- tI" 1 ' /'lie G- It/.:ll year -1~~~.80~~:~Ji(al~ ~-L 7-16-84 h,LC'IUfsr rem. C/\:~(;El.u..ncr; OF T-R-ECe "\i~~JC: l.C:ENC), J:EC^U~;E OF A('(~' ..t"J'J'IO'" L'~'J);'I' l'I:\/l, ,','",",' &, rJ" "1,'j"C).JC:\lc" IQJ'("j'J()'" !.(H.... )'1' (:Er) "....\.)J0 ..\ 1.\ ..~ \. \... .,,''''..;J.... 0'. ~\.J.... l.'\i J ~ ,I .",., ._ ." J:.l:J,_t . J ~"_' dUL 19 1984 PUBLIC WORKS ENGINEERING TO: BOA!'.!) OF ~urEJ:VISC):~; of Sanl:l Cl;.~a COt;~t)', State of c~::r urn;;: Gcntkmcr: : Tk' unrlersigncd "-I.thorizui agent or thr ..............q.~'X___9.~___g~~.~~~....w....m.................m'........................... (pub!ic :l[.;cncy) here:,))' n'que~ls that )'011 c(m~cnt tn !!:c cancdl::lio!. of la>:~ again~,l tbe {olk.wing du.crib~d pr0pcny, specific dc~cr;pt:()n at- I.d.cht'cl, b::cau~c of l'.cql,i.~ition by tjl~' said puhlic ;L~l:ncy pursu::r.l to Rr;vcllue "- Tr.x;ttion Co:k Scctic.n 49P,G d ~::q., and her!:L}' dccJ;.;rc~ under p~n:<h)' oI V:'-jury on bd:aH (,I the said public agenc)' .hat the inIonnatiDn hc:ein is true "Till C(,:Tect. N::.w~ cf Rcqut'stinr. ^cenC}' CITY OF CAMPBELL .',O'"", .''rl'''' ~"n~q /i>. .. ) S:cncd at ~ t~t ~~~ CAMPBELL, CALIFORNIA How AC(juired: B B" t>r.EO Do".p, DrlNAL nnOCk ~o15t61 SrWf""rnk &. PG. ASSr.SS~.~E],;T ]';0. (ArN) 413-51-010 AHCS~::d to LINCOLN CAMPBELL LIMITED PARTNERSHIP J CO!>E ARB Dat:: A~uird: 3-26-84 o kdund by Court Order. (f'icase attach order lor pa~'Jn!':n\ to public agen")') LA.'\D IMP. PERS. PROP. EX E.l,fPT NET TOTAL OTHER SEE ATTACHED " '{, ') j). b \') ,) ~c. RESOLUTION NO. 6711 BEING A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LINCOLN CAMPBELL LIMITED PARTNERSHIP WHEREAS, Lincoln Campbell Limited Partnership has sub- mitted to the City Council of the City of CamDbell an agreement, identified as No. S 83-8, which covers cer- tain conditions of approval of the development of its real property at 325 Union Avenue; NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of said City. PASSED AND ADOPTED this 3rd 1984, by the following vote: day of April AYE 5 : Co u n c i 1 me n : Chamberlin, Ashworth, Kotowski, Doetsch NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: ATTEST: UL. h~ Anne G. Coyne, City Clerk 1'0 0_::.... ...... CO/'J;.~ ( ,J..,bAJ-- -, v ,. (1/8' ,'- _ ~-1.-._- ~. \. --.,-,.--.-'.-...- / vi I I VI- V/""\IVIl- ULL.'- 70 North First Street Campbell, California 9bvuB 1)11 3c25'ar ,~/ 04VS031280 I 450 i),~GE 149 fILED FOR RECORD ATREQU~ ~ ~ 161M 'B4 TO BE RECORDED WITHOUT FEE SECTION 6103 GOVERNMENT CODE AT THE REQUEST OF CITY OF CAMPBELL --------- A G R E E MEN T OffWfAl RECOiWS SANYACLAfJ! COUNTY GEO.f1Cf A. MAiiN ~EGj-ST"M~ RECORDER THIS AGREEMENT (identified as No. S 83-8 ), made and entered into this 3rd day of April , 19 84 , by and between llNCOLN CAMPBELL LiMITED PARTNERSHiP herei nafter 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." WHEREAS, City granted conditional approval of Owners' applica- tion to construct an apartment complex upon that certain real property described in deed recorded December 12 , 19 83 , and filed in Book I Ib~ of Official Records at page20 & 21 in the office of the County Recorder, County of Santa Clara, State of California, which property is hereinafter referred to as "said real property"; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows: (1) Owners shall provide, construct and/or install at their own proper cost and expense public street improvements across the entire frontage of said real property; (2) All of said improvement$ sha11 be constructed and/or in- stalled within twelve (12) months from the date first above written; 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 con- trol of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this agreement within the said twelve-month period, the City, after giving ten (lO):days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from Owners. 1 of 4 I I i II JI (3) Owners shall prepare or cause to be prepared at their cost and expense improvement plans for the construction and/or in- stallation of said improvements. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer of City 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 satis- faction 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 accep- tance of the improvements by City, Owners shall provide reproducible as-built plans to said 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. (5) Owners shall pay to City, upon execution of this agreement, for office examination of improvement plans, field inspection of con- struction of improvements and all necessary expenses incurred by City in connection with said improvements, the sum of FOUR THOUSAND SIX HUNDRED TWENTY ($4,620.00) (6) Owners shall file with City, upon execution of this agree- ment, surety acceptable to City in the amount of SIXTY-SIX THOUSAND DOLLARS ($66,000.00) 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 Owners 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 dam- age 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 ac- ceptance 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 Ovlners contained in this agreement shall be considered null and void. 2 of 4 (8) 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 Owners shall file with City, upon execution of this agreement, a letter from said Sanitation District No.4 stating that Owners have made such deposits or filed such bonds and entered into such agree- ments. (9) Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring cir- cuit to all electroliers within said real property when Owners are notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. (10) Owners shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Works when called upon to do so to insure the installation of a water distri- bution system to serve said real property, including fire hydrant. (11) 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 Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedinqs are required for the purpose of securinq said easement and riqht of way, Owners shall deposit or cause to be deposited with City a sum coverinq 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. (12) 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. (13) Owners shall indemnify and save harmless the City of Campbell, the City Council, 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 during or arising out of the con- struction or installation of said improvements due to any acts, omissions or negligence of Owners, their officers, agents, em- ployees or contractors. 3 of 4 (14) This instrument is and shall be considered to be an instrument affecting the right, title or interest in 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 af- fixed the day and year first above written. CITY OF CAMPBELL /J2.d(,~k~~~/ R?l?h <:letsch, Sr., Mayor iL /i(~ Anne G. Coyne, City Clerk OWNERS r~~ ............ } S& 18:1. before me, OFFICIAL SEAL ANN E BA YOL NOTARY PUBLIC - CALlFS'-::';:A SAN MATEO COUrlT{ \ My comm, expires AUG 9. l~ the unders' ned Notary Public, personally appeared QA?'1 W W(J(rdWIX-J ~rSOnalIY k/Jm to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my a and official seal Notary's Sign PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATlO['<AL NOTARY ASSOCIATION. 23012 Ventura Blvd,. Woodland Hills, CA 91364 \....... --. ." Faithful Performance Bond No. YS 853-9812 Premium $1, 188. KNOW ALL MEN BY THESE PRESENTS: Whereas, The City Council of the City of Campbell, State of Ca 1 i fornia, and LI NCOLN CAMPBELL LIMITED PARTNERSHI P (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated March 14, , 19 84 , and identified as S 83-8 is hereby referred to and made a part hereof: and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, Company firmly bound unto the City of Campbell, in the penal sum of SIXTY-SIX THOUSAND dollars ($66.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. we, the principal and Industrial Indemnity , as surety, are held and hereinafter called "City", The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, snd shall indemnify and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void: otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfu~ enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby ~ive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. , _& ? In witness whereo~, by the principal and surety WITNESS OUR HANDS this 19#. STATE OF CALlFOHNIA County of Santa Clara SS. this instrument has above named, on /.?ff/h day of executed 19 8 f". been auly ..':f - I~ ~~~ PRINCIPAL !f~*~~ OnMat:"c~. .1.4~. .1.984" .lleforo~ me. .~~9Y.. A:. A~.~!1.~?!:.. Notary Public. State of CiJlifornia. duly commissioned and sworn. II d Richard S. Svec . I persona Y appeare .......................... .personal y known to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument. and known to me to be the person who executed the said instrument on behalf of the Corporillion herein named and acknowledged to me that such Corporation executed the Sdmc. If IN WITNESS WHEREOF. I have hereunto set my h..nd ilnd affixed my offi,ciaf !oeal in the County of. .~~nt~. .~.I.cH'p.... the day and year in this certificate first above written. JO . JOHNSON NOTARY PUBlIC-CAlIFORNIA SANTA CLARA COUNTY My Commission Exp, June 13,1987 OFFICIAL SEAL ANN E BA yO!. NOTARY PUBLIC - CAlI"OR NIA SAN MATEO COUNT\' ,My comm. expires AUG 9, ~~ PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 }ss ~"T, RI~~ INnl,'IY2PANY l (, .,L~-v--e /, ,~ :d s. Svec, Atior~ey:"in-fact 1ti{, before me, o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITN1j my hand and off;elal seal UU~~ Notary's Signature NATIOf'lAL NOTARY ASSOCIATION. 23012 Ventura Blvd,. Woodland Hills, CA 91364 LaDOr anu MA~c.~a~~ Bond NO'! '53-9812 Premium Incl. In Perf. K..~OW ALL MEN BY THESE PRESENTS: ~ereas, The City Council of the City of Campbell, State of California, and LINCOL'N CAMPBELL LIt1ITED PARTNERSHIP (hereinafter designated as "principal") have entered into an agreement Whereby principal agrees to install and complete certain d~i~~at,d public imp~ovements, which said agreement, dated a , 19_, and identified as S 83-8 is hereby refer~ed to and made a part hereof: and Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Campbell to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Campbell and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of THIRTY-THREE THOUSAND dollars ($33.000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, 80 as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the te~s of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. 1 of 2 this instrument has been ""ly executed ty above named, on 3 ~~ In witness whereof, by the principal and 8V 19-#_ ltt"ITNESS OUR ~NDS this 19 -J-f- /~~ day of ~ PRINCIPAL r#.P~ Onth;u day of U- <fo. ~ the undersigned Notary Public, pers nallyappeared 1'-*1"1 ~ W iJ--rt-d-..lLAA-, ~rSOnallY known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNES my and and official seal. STATE OF CALlFOI~NIA County of Santa Clara SS. On ~~.~<:=~. ~.~~. .1, ~.~~. . ,befor~ me. . ~~9Y.. A:. .~?':!1.~?r!.. Notary Public, State of California. duly commissioned and sworn, II d Richard S. Svec . II persona Y appeare ......,.,................. .per:>ona y known to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument. and known to me to be the person who executed the said instrument on behalf of the Corpordtion herein named and dcknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of. .~~.rHp. .<;::.I.qt;'P.... the day and year in this certificate first above written. JODY A. HNSON NOTARY PUBLlC-CALlFORNIA SANTA CLARA COUNTY My Commission Exp, June 13.1987 State of County of WM / Yldk } SS, OFFICIAL SEAL ANN E BA YOl NOTARY PUBLIC - CAlIFOR~J1A SAN MATEO courny .My comm. expires AUG !J, l~':J ' 'RIAL INDEMNITY COMPANY ~~ .17 l f ci~;~-~^~ ,/ 4.~ c, s. Svec, Attorn:>v-: r . -, ".- ract 19.8Y'before me, PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATlOf'lAL NOTARY ASSOCIATION. 23012 Ventura Blvd,. Woodland Hills, CA 91364 JIofutr of ~ttornt~ 570 INDUTRIAL INI1E~1NIT'r llnllfu all men bt! t~ese presents: HOME OFFICE, SAN F"RANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make. constitute and appoint -------------------------------------RICHARD S. SVEC-----------------------------------___ its true and lawful attorney-in,fact for it and in its name, place and stead to execute on its behalf as surety. honds. undertakings, stipu, lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees. provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ----------------------------------------UNLIMlTED----------------------------_____________ and reserving to itself fun power of substitution and revocation, This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys,in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 9th day of June . 19 77 Attest: . I , , INDUSTRIAL INDEMNITA STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ss, On this 9th day of June ,19 77 ,before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice Pres ident and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27,1972, and that the same is in full force and effect. In witness where f I have hereto set m hand and affix d y official seal the day and year in this certificate first above written. e MARY MDB1B IIOTARY PUIU( - CAWOIIIA mY a <GUNrY Of SAIl JIINOSQ) ... ~'II"". &piNI .... 1, 1t1f !i 1IIit..... t- Tf~.~"II...n"I.....aii I, M. J. Cassanego, Assistant; Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 14th day of March ' 1984 SEAL IY041 R7 (10/72) CONSTRUCTION COST ESTIMATE FOR tUood/~.f A-pts. .3.2...S UJ11 ion 4v~. Date ~'?J 18?- 8y L... s.,VdO" Surface Construction Clearing and Grubbing lump Sum = S ;l..tX>O L.F, @ $ 3,50 Eall€~t (lIl1er,-,* 'SlIsrete R€~e.a1 S.F, @ 2.50 l. F. @ 8.00 EA. @ 400.00 3'-5: Z. L. F. @ 12.00 lfH. '66.F. @ 4.00 4Z~ S.F. @ 6.00 EA. @ 600.00 loF. @ 40.00 Cwrll allll C~tt€1' Ramll" I 1 ~lol O'dln WILli fj~ Curb and Gutter 4382.. 7619 257t Si dewa 1k Driveway Approach IIIR:!i u~ Reml" .ial"l'i eelle A,C, Pavero'ent inc. Excavation (481Z.~S.F.) (51,10) (~OO) Adjust Manhole to Grade 4- EA. @ 400.00 Adjust Handho1e to Grade 5 EA. @ 300,00 /8 .52.~ I "00 1500 IiISIIUAlllllt illl( II "811~Alellt EA. @ 300.00 4 EA. @ 175.00 .370.A.F. @ 0,80 EA. @ 100,00 EA. @ 100.00 /5 EA. @ 12.00 Street Tree (15 gallon) Pavement Striping 700 .2.'36 ~U.<!!lo_ol:ll"f' IAg~RM itllF. Strllet Ut~e sr OtRer Si~1I Pavement Markers /80 Pi"lIAlllAt K@y E;~t ~ I. ! I z.. t') Vel" ! 13" A.B. e:::-a y--fh /(.)6, k lo F. @ 5 . 00 w..S.3."J){I,'C)('.S') (M/z.to)(/.oFV(.07) = = ~3,8"'<! zz.~ ~ (481~.~) (( ,~) :: 1<3z.Scy ::l..7 e 17 :; I EA. @ 3,000,00 ~5'B Ii~ 8OD1- Street lighting Electrolier .3273 3000 Conduit loF. @ loF. @ 9.00 3.00 Conductor, pair Pull Box / EA. @ 2SO.00 25D Storm Drainage t!" UI 15" ltCI' loF. @ 45.00 ~" II .. RCP 4t3 loF. (\l 55.00 .2.b~O Street Inlet / EA. @ 1.000.00 1 E)OD Manhole 2.. EA. @ 1,200.00 2..400 Ir1lr~ BRei [lIl1;1 MloI4,ul~ EA. (\l SOD. 00 Revi sed 1/20/82 TOTAL ESTIMATE USE FOR BOND p~ 4"~ I C'A6H ocP. eX. PE'I€,F€IE" sc,s ,8/0 I s "G. 000 . '1-J ~ z..o SOD 5S {f ~~ H ~. ~ €...i-J-l-'<.:""rr ~ ~~r~ ~c.~\"tO f.,i ~ ""'03 '\ ," ." l\\J~ ~.. " ,':. ~\)?'&~ oUiL, ~\t~Q}..."1& ~, J_~~'~ August 11, 1983 Mayor Dean R. Chamberlain City of Campbell 75 North Central Avenue Campbell, CA 95008 RE: S 83-08 178 Unit Apartment Project 325 Union Avenue Dear Mayor Chamberlin & City Council Members: By a majority vote based upon Councilman Norman Paul's motion appealing the Planning Commissionls approval of the above referenc- ed project, the project was sent back to the Planning Conmission to restudy the adequacy of the circulation plan and itls effect on the Union Avenue intersection. Mr. Joe Elliott has been in contact with the owners of the Mobile Home Park property, Mr. Morris and Mr. Sahodi who have expressed their position not being opposed to part of Paseo De Palomas becoming a public street with the provision that: a. The improvements to City street specifications were at no expense to them, b. The proposal for making part of Paseo De Palomas a public street originated from the City and c. The Mobile Home Park residents did not object to the City's proposal. On August 10, r.1ssrs. Schilling, Elliott, Kee and Helm met with three representatives from the Mobile Home Park and reached an agreement which, I was informed, was accetable both to your City Staff and the Mobile Home Park residents. Their agreed upon plan was presented to me later that day. loInCObn PRopeRT'} COIJIr>;I.'1Y n.c,. me. 553 PILGRIM DRIVE FOSTER CITY. CALIFORNIA 84404 AREA CODE 415 - 348-76CJ ~1ayor Dean R., ,lberlain August 11, 1983 Page -2- While I do not feel that this plan benefits my project, I understand your Council's concern with the traffic circulation on a city wide basis and agree to the proposed plan as well as your Staff's condition that I pay for the improvements required south of my property line, given the understanding that the City intends to pay for the required improve~ents north of my property line. This will require a further dedication on my part to the City which may bring up the issue of density. Since this dedication abuts private land and is unusual in that respect without condemnation, I want to go on record that I strongly object to any potential efforts to reduce the density of my project to anything less than the 178 units now proposed. Since your Council has expressed the fact that they have no problems with my proposed project other than the traffic circulation pattern, I trust this will not become an item of discussion at the September 6 City Council meeting. I can accomodate the proposed street design with minor site plan revisions to adjust to your required dedication lines. Two buildings and some parking spaces will have to be moved. Respectfully, LINCOLN PROPERTY COMPANY N.C., INC. O~ LA-~~ &-L~- JLW:ab CC: Vice Mayor Paul City Council Members Podgorsek, Doetsch and Ashworth Chairman Kotowski Vice Chairperson Fairbanks Planning Commissioners Meyer, Campos, Dickson, Kasolas and Howard Mr. Edward Schilling, City Manager f1r. Arthur Kee, Pl anni ng Di rector / Mr, Joe Elliott, Director of Public Works r--------- -,- I . ---. C I T Y I) F C}\ 1\11) II ELL -- - /?a; REcr:;;;~ <"! Lo' I '.. ,\_~;~ 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 SEP 0 91983 PUe)\' , . ,,' u...lL: \, ...,) E G ~!r"', i' N li'u:....;\,II\;! Department: Planning Date: September 8, 1983 CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF Lincoln Property CD. FOR CONSTRUCTI ON OF Apartment CDmplex 325 Union Avenue, Campbell, California TO BE LOCATED AT CONDITIONS: As per attached list. Section 21.42~090 of the Campbell Municipal Code reads as follows: Any approval granted under this section shall expire one year after the date upon which such approval was granted, unless an extension for such approval is obtained by making written application for same to the Planning Commission at least fifteen (15) days days prior to the expiration date of such approval. No building permit shall be issued after the expiration date of any approval until a new approval has been obtained in the manner pro- vided for in this Chapter. Approval effective ten (lO) days after decision of approval of the Planning Commission. GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING HELD ON THE 12th DAY OF July , 19 8~ . CITY OF CAMPBELL PLANNING COMMISSION BY: dO?! ~-L--~ ARTHUR A. KEE, SECRET RY CONDITIONS OF' APPL I CA T I ON O. Page 1 .' ",VAL: S 83-08 Lincoln Property Co. n/a 1 2 3 n/a 4 5 6 n/a 7 8 Revised elevations and/or site plan to be approved by the Planning Director upon recommendation of the Architectural Advisor, within 30 days of the Planning Commission approval. Revised elevations and/or site plan to be approved by the Site & Architectural Review Committee and/or the Planning Commission with- in 30 days of Planning Commission approval. Property to be fenced and landscaped as indicated and/or added in red on plans. landscaping and fencing shall be maintained in accordance with the approved plans. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted for approval of the Site & Architectural Review Committee and/or Planning Commission prior to application for a building permit. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted for approval of the Planning Director prior to application for a building permit. Fencing plan indicating location and design details of fencing to be submitted for approval of the Planning Director prior to applica- tion for building permit. Applicant to either (1) post a faithful performance bond in the amount of $20,000 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing and strip- ing of parking areas prior to application for a building permit. Applicant to submit a plan, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening(if boxes are aboveground) for approval of the Planning Di rector. Applicant to submit a letter, satisfactory to the City Attorney, limiting the use of the property to: square feet of office use, square feet of speculative industrial use, and square feet of warehouse use, prior to issuance of a building permit. All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. Building occupancy will not be allowed until public improvements are installed. -n/a: not applicable to this application. CONDITIONS OF APP,. .AL: 5 83-08 APPLICATION OF: Lincoln Property Co. Paae 2 The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with Ordinances of the City of Campbell and Laws of the State of California. Trash container(s} of a size and quantity necessary to serve the development shall be located in area(s} approved by the Fire Department. Unless otherwise noted, enclosure(s} shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. Applicant shall comply with all appropriate State and City re- quirements for the handicapped. H Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise Element of the Campbell General Plan. n/a Applicant to pay Park Dedication in-lieu fee of $ and/or dedicate sq. ft. of land for park purposes, prior to issuance of a Building Permit. STANDARD FIRE HAZARD ABATEMENT COMMENT: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures shall be kept secured by having windows boarded up and doors sealed shut, or be demolish- ed or removed from the property. Sect. 11.201 ~ 11,414, 1979 Ed. uniform Fire code. A B c D E t' G All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All park- ing spaces to be provided with appropriate concrete curbs or bumper guards. Underqround utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underqround utilities including water, sewer, electric, telephone and tele- vision cables, etc. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by the Buildina Department. (Section 21.68.030 of the Campbell Municipal Code.) Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multi- ple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. CONDITIONS OF APPROVAL: S 83-08 APPLICATION OF: Lincoln Properties Co. Page 3 PUBLIC WORKS DEPARTMENT I. Dedicate Union Avenue to "30 feet from centerline. J. Execute an agreement to install street improvements. FIRE DEPARTh1ENT K. Provide an on-site fire hydrant system. L. Required fire flow - 4,000 gallons per minute. M. Provide a manual fire alarm system for each three story building. N. Provide ZA-lOBC fire extinguishers. o. Show trash enclosures on plan. The applicant is notified that he/she shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. I 1 \ / // ./ I / /1 , 0 , I --1 '--,-- -.,- - 1 --L_~ ..J" I .'1,. ..... 1% ,J, ~ ;:) N :5: I . c. I . . , "'/1" "'V" , ~ I I . - , I " , ~. 1,?!.L _ --.1- ~ -j '. D""T- ' . ,- . C/1tv.PBELL I . , .. I~..'. ,^ ' 'V . ~ .....'-... I, ~, y ... ....... . /' , ), , " ... " D.f'I'.".'U. -' c, , - ,- -'- ., I:. . ,. .I .. ) J ;, at , co' .. 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