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1384 Walnut Dr. (1991) Cz/ l o! ( 'lIlll!i/Jel! City Council Report Item: Category: Date: Consent Calendar October 1, 1991 Title: street Improvement Agreement with Von J. Goesling for 1384 Walnut Drive (Resolution/Roll Call) RECOMMENDATION 1. Adopt the attached resolution authorizing the Mayor to execute an agreement with Von J. Goesling and Jhaine L. Goesling to install street improvements adjacent to 1384 Walnut Drive. DISCUSSION The owner applied for a building permit to remodel his residence at 1384 Walnut Drive. The city Code requires a property owner to arrange for the installation of street improvements when the owner is adding more than fifty percent to the existing structure and the property fronts on an unimproved street. The enclosed agreement obligates the owner to install street improvements within one year from the date he is notified to do so by the City Engineer. FISCAL IMPACT None Prepared by: Approved by: Eng. Tech. Pub. Wks. Dir. City Manager illj~, jW tIE ~. w. C..IlI. .lliE~ trnITTIt -'J, - - Alii HACIEII.,.. AV~ II . I ) f r " fj~ I I 1:-.J (pIt.rl", ~L II j I L/ff11'L ~. , ~j' J ~ ~ J H "1'1.. ...tt CI. [r--! .."... Awe. E- J.. ". ~ f"--iCt.) \ \ "" Wil I, - J ." . J\ ~I ,1"llffj//-Uj\'C-1-/ I ''''~''')'~ 1 -.LV - ~ ..";I:-? 1 ~I'~~.~ _I'~~ ---., --.,~~r- ~'ca, J n r.1 · -::m. ;r.. '. U ~-." ~~ I ~, "\.... ~ ~ -. ....1. - / . I 1111.'. j-r=; r 1./ -:"r~ , . . I ~ -":1Y~ Ay~ r1 s~&1 .Li ~.. & ... '\ -. . I " '.. .. ..., ! '[...~. I I u' SITE u -~r n(~ /' I /~Af ~~~ J l. .,--._., ,...-- J _____.______ I} ~ --, *' .~ .~ (j~ .c;.!:U ~ 1.iS.r'l' ~ ~ 1::1. . 's__ '? II " ,. - . , ~ . \.. \ , , L., al' re. ' . 'fT- I \ I r J. ~ J t U . ~ "" ~ ~ ~ ~ / I L J / /. I , , 1 1 .. - /, LL-.J- }gj/ .,. , d ' \ I ~~ ~ ..r' ". ~., \ , II ~ , \ \ / 7 I RESOLUTION NO BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VON J. GOES LING FOR STREET IMPROVEMENTS AT 1384 WALNUT DRIVE BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The Mayor is authorized to execute an agreement with Von J. Goesling and Jhaine L. Goesling to install street improvements at 1384 White Oaks Road. PASSED AND ADOPTED this following vote: day of , 1991 by the AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers APPROVED: Michael F. Kotowski, Mayor ATTEST: Barbara olsasky, City Clerk ~~!~~!i~!!I THIS AGREEMENT (identified as No.Pld 49 ) made and entered into this day of , 19___, by and between VON J. GOESLING and JHAINE L.GOESLING hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, Owner, or his contractor, has applied for a building permit to construct certain modifications to the residence upon that certain real property described in Deed filed on October 19, 1990 Santa Clara County Official Records, document Series No. 10690022, Assessors Parcel Number 406-22-020, and commonly known as 1384 Walnut Drive, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are required by Section 11.24.040 of the City Code; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as described in section 11.24.040 of the City Code within 12 months from the date when owners or their successors are notified to do so by the City Engineer; provided, however, that in the computation of said 12 months period, delays due to, or cause~ 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) All of said improvements shall be constructed and/or installed within 12 months from the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owners shall be excluded. It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefinitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the resopnsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the 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 ten percent (10%) of the estimated cost of the improvements at the time of construction. 2 (6) Owner, or his successors, shall file with City, prior to approval of the plans by the City Engineer, surety acceptable to the City to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No. 4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or hls 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 3 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 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 4 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 1384 Walnut Drive, and the City's property, commonly described as Walnut Drive 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 the parties. 5 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. APPROVED AS TO FORM: CITY OF CAMPBELL William R. Seligmann, Michael F. Kotowski, Mayor City Attorney Barbara Olsasky, City Clerk OWNER: 6 NOTARY FOR INDIVIDUAL SIGNATURE County of Santa Clara I I SSe I STATE OF CALIFORNIA On thi S 3rd day of May , 19~, before me, Rrlrhrlrrl S 01 Srlsky- a Notary Public in and for the County of Srlnt-rl ('lrlrrl , State of California, residing therein, duly commissioned and sworn, personally appeared Jhaine L. Gaeslinq and Van J. Gaeslinq personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. County of Santa Clara State of California "NOTARY SEAL" My commission expires February 15, 1992 OFFICIAL SEAL BARBARA S OlSASKY NOTARY PuBliC - CAUi'O~<';iA S.~TA CLARA COUNTY My comm. expires FEB 15. 1992 CLTA STANDARD COVERAGE 1973 CONTINENTAL LAWYERS TITLE COMPANY 2150 N. FIRST STREET SAN JOSE~ CALIFORNIA 95131 SCHEDULE A DATE OF POLICY: OCTOBER 19~ 1990 AT 8:00 A.M. AMOUNT OF INSURANCE $250~000.00 PREMIUM POLICY No. ORDER No. $1~035.00 75-00-591-164 cu172198 1. NAME OF INSURED: VON J. GOESLING AND JHAINE L. GOESLING~ HUSBAND AND WIFE~ AS JOINT TENANTS 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: VON J. GOESLING AND JHAINE L. GOESLING~ HUSBAND AND WIFE~ AS JOINT TENANTS 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: A FEE '1. , ORDER NO. cu1721~8 POLICY NO. 75-00-591-164 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE~ NOR AGAINST COSTS, ATTORNEYS' FEES OR EXPENSES~ ANY OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING: PART I 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS~ OR NOTICES OF SUCH PROCEEDINGS~ WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS~ RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES~ OR CLAIMS THEREOF~ WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES~ CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA~ ENCROACH- MENTS~ OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE~ AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS~ CLAIMS OR TITLE TO WATER~ WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A)~ (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. PART II A. PROPERTY TAXES~ INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES~ FOR THE FISCAL YEAR 1989 - 1990. 1ST INSTALLMENT: 2ND INSTALLMENT: LAND: IMPROVEMENTS: Hlo EXEMPTION: CODE AREA: ASSESSMENT NO.: $186.40 OPEN $186.40 OPEN~ $15,942.00 d $20,840.00 $7~000.00 10027 406-22-020 B. THE LIEN OF SUPPLEMENTAL TAXES~ IF ANY~ ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ORDER NO. cu1721~8 POLICY NO. 75-00-591-164 PART II CONTINUED 1. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $2251000.00 DATED: OCTOBER 171 1990 TRUSTOR: VON J. GOESLINGAND JHAINE L. GOESLINGI WHO ARE MARRIED TO EACH OTHER TRUSTEE: CONTINENTAL AUXILIARY COMPANYI A CALIFORNIA CORPORATION BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION RECORDED: OCTOBER 191 19901 AS SERIES NO. 106900231 OFFICIAL RECORDS. LOAN NO.: 4666526 ( ATTACHED HERETO ARE THE FOLLOWING ENDORSEMENTS: 126.11 SPECIAL #3 ~. ORDER NO. cu172198 POLICY NO. 75-0~-591-164 SCHEDULE C THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CAMPBELL AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF WALNUT DRIVEl AS SAID DRIVE IS SHOWN ON THE MAP OF TRACT NO. 73 SAN TOMAS ACRESI WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARAI STATE OF CALIFORNIAI IN SEPTEMBER 13, 1938 IN BOOK 3 OF MAPS AT PAGES 20 AND 21, DISTANT THEREON N. 310 31' E. 148.50 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF LOT 13 OF THE MRS. W. J. PARR TRACT HEREINAFTER REFERRED TOI SAID POINT OF BEGINNING ALSO BEING THE NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY SAN JOSE ABSTRACT & TITLE INSURANCE CO.I A CORPORATIONI TO STEVE VOYKOVICHI ET UXI BY DEED DATED JANUARY 71 1949 AND RECORDED JANUARY 101 1949 IN BOOK 1730 OF OFFICIAL RECORDS I AT PAGE 2101 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE OF WALNUT DRIVE N. 310 31' E. 80.00 FEET TO A POINT WHICH IS DISTANT N. 310 31' E. ALONG SAID LINE OF WALNUT DRIVEl 2.00 FEET FROM THE NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY STEVE VOYKOVICH, ET UX, TO GORDON M. KIELEI ET UXI BY DEED DATED SEPTEMBER 271 1951 AND RECORDED OCTOBER 181 1951 IN BOOK 2302 OF OFFICIAL RECORDS, AT PAGE 229, SANTA CLARA COUNTY RECORDS; THENCE LEAVING WALNUT DRIVEl AND RUNNING PARALLEL WITH THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELE, ET UXI s. 610 23' 45" E. 105 FEETI MORE OR LESSI TO THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THE CERTAIN PARCEL OF LAND CONVEYED BY STE- VEN VOYKOVICHI ET ALl TO GEORGE SNYDERI ET UXI BY DEED DATED JUNE 81 1950 AND RECORDED JUNE 291 1950 IN BOOK 2006 OF OFFICIAL RECORDS, AT PAGE 5151 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID PROLONGED LINE SOUTHWESTERLY 2 FEETI MORE OR LESSI TO THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELEI ET UXI ABOVE REFERRED TO; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELEI ET UXI s. 610 23' 45" E. 20 FEETI MORE OR LESSI TO THE EASTERLY CORNER THEREOF IN A LINE DRAWN PARALLEL WITH AND DISTANT 125 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM SAID SOUTHEASTERLY LINE OF WALNUT DRIVE; THENCE ALONG SAID PARALLEL LINE AND ALONG THE SOUTHEASTERLY LINE~OF SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELEI ET UXI s. 310 31' w. 84.36 FEETI MORE OR LESSI TO THE SOUTHERLY CORNER OF SAID LAST MENTIONED PARCEL OF LAND AND THE EASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO STEVE VOYKOVICHI ET UX, BY SAID DEED DATED JANUARY 71 1949 ABOVE REFERRED TO; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAST MENTIONED PARCEL OF LAND CONVEYED TO STEVEN VOYKOVICHI ET UXI N. 580 29' w. 125 FEET TO THE POINT OF BEGINNINGI AND BEING A PORTION OF LOT 13 AS SHOWN ON THAT CERTAIN MAP ENTITLEDI "MAP OF THE SUBDIVISON OF THE MRS. W. J. PARR TRACTI BEING A PORTION OF THE RINCONADA DE LOS GATOS RANCHO"I AND WHICH MAP WAS FILED FOR RECORD IN T~E OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARAI STATE OF CALIFORNIAI ON DECEMBER 191 1890 IN BOOK "E' OF MAPSI AT PAGE 63. ARB: 405-23-041 D.T. 10/19/90 ws ORDER NO.: cu172198 ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION POLICY NO. 75-00-591-164 ENDORSEMENT CLTA FORM 126.1 1. THIS ENDORSEMENT SHALL BE EFFECTIVE ONLY IF AT DATE OF POLICY THERE IS LOCATED ON THE LAND DESCRIBED IN SAID POLICY A ONE-TO-FOUR FAMILY RESI- DENTIAL STRUCTURE~ IN WHICH THE INSURED OWNER RESIDES OR INTENDS TO RESIDE. FOR THE PURPOSE OF THIS ENDORSEMENT THE TERM "RESIDENTIAL STRUCTURE" IS DEFINED AS THE PRINCIPAL DWELLING STRUCTURE LOCATED ON SAID LAND TOGETHER WITH ALL IMPROVEMENTS THEREON RELATED TO RESIDENTIAL USE OF THE PROPERTY EXCEPT PLANTINGS OF ANY NATURE~ PERIMETER FENCES AND PERIMETER WALLS~ AND THE TERM "INSURED OWNER" IS DEFINED AS ANY INSURED NAMED IN SCHEDULE A~ AND SUBJECT TO ANY RIGHTS OR DEFENSES THE COMPANY MAY HAVE HAD UNDER SAID POLICY AND ALL ENDORSEMENTS~ SUCH INSURED'S HEIRS~ DISTRIBUTEES~ DEVISEES~ SURVIVORS~ PERSONAL REPRESEN- TATIVES OR NEXT OF KIN. 2. THE COMPANY HEREBY INSURES THE INSURED OWNER OF THE ESTATE OR INTEREST DESCRIBED IN SCHEDULE A AGAINST LOSS OR DAMAGE WHICH THE INSURED OWNER SHALL SUSTAIN BY REASON OF: A. THE EXISTENCE AT DATE OF POLICY OF ANY OF THE FOLLOWING MATTERS: (1) LACK OF A RIGHT OF ACCESS FROM SAID LAND TO A PUBLIC STREET; (2) ANY STATUTORY LIEN FOR LABOR OR MATERIALS ATTACHING TO SAID ESTATE OR INTEREST ARISING OUT OF ANY WORK OF IMPROVEMENTS ON SAID LAND~ IN PROGRESS OR COMPLETED AT THE DATE OF THE POLICY~ EXCEPT THOSE LIENS ARISING OUT OF A WORK OF IMPROVEMENT FOR WHICH THE INSURED HAS AGREED TO BE RESPONSIBLE. B. THE REMOVAL OF THE RESIDENTIAL STRUCTURE OR THE INTERFERENCE WITH THE USE THEREOF FOR ORDINARY RESIDENTIAL PURPOSES AS A RESULT OF A FINAL COURT ORDER OR JUDGMENT~ BASED UPON THE EXISTENCE AT THE DATE OF THE POLICY OF: (1) ANY ENCROACHMENT OF SAID RESIDENTIAL STRUCTURE OR ANY PART THEREOF ONTO ADJOINING LANDS~ OR ONTO ANY EASEMENT SHOWN AS AN EXCEPTION IN PART II OF SCHEDULE B OF SAID POLICY~ OR ONTO ANY UNRECORDED SUB-SURFACE EASEMENT; (2) ANY VIOLATION ON THE LAND OF ENFORCEABLE COVENANTS~ CONDITIONS OR RESTRICTIONS~ PROVIDED THAT THIS COVERAGE SHALL NOT REFER TO OR INCLUDE THE TERMS~ COVENANTS AND CONDITIONS CONTAINED IN ANY LEASE~ SUBLEASE OR CONTRACT OF SALE REFERRED TO IN THIS POLICY; (3) ANY VIOLATION OF APPLICAB~E ZONING ORDINANCES TO THE EXTENT THAT SUCH ORDINANCES REGULATE (A) AREA~ WIDTH OR DEPTH OF THE LAND AS A BUILDING SITE FOR THE RE~IDENTIAL STRUCTURE; (B) FLOOR SPACE AREA OF THE RESIDENTIAL STRUCTURE; (C) SET BACK OF THE RESIDENTIAL STRUCTURE FROM THE PROPERTY LINES OF THE LAND; OR (D) HEIGHT OF THE RESIDENTIAL STRUCTURE. 1 OF 2 ENDORSEMENT CONTINUED C. DAMAGE TO THE RESIDENTIAL STRUCTURE RESULTING FROM THE EXERCISE OF ANY RIGHT TO USE THE SURFACE OF SAID LAND FOR THE EXTRACTION OR DEVE- LOPMENTOF THE MINERALS EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR SHOWN AS A RESERVATION IN SCHEDULE B. THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDOR- SEMENTS THEREIN SHALL NOT EXCEEDI IN THE AGGREGATEI THE FACE AMOUNT OF SAID POLICY AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CON- DITIONS AND STIPULATIONS THEREOF TO PAY. THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE SCHEDULES I CONDITIONS AND STIPULATIONS THEREINI EXCEPT AS MODIFIED BY THE PROVISIONS HEREOF. I LAWYERS TITLE INSURANCE CORPORATION MARVIN C. BOWLINGI JR. RUSSELL W. JORDANI'III PRESIDENT SECRETARY COUNTERSIGNED BY: .--. ~ (~_~'-.~:~=a~ nr::h. n. . '<r~ ISSUED AT: SAN JOSEI CA 2 OF 2 ,j, . OWNER'S INFLATION PROTECTION ENDORSEMENT LAWYERS IITlE JNSURANC~ CORPORATION THE COMPANY~ RECOGNIZING THE CURRENT EFFECT OF INFLATION ON REAL PRO- PERTY VALUATION AND INTENDING TO PROVIDE ADDITIONAL MONETARY PROTECTION TO .THE INSURED OWNER NAMED. IN SAID POlICY~ HEREBY MODIFIES SAID POlICY~ AS FOllOWS: 1. NOTWITHSTANDING ANYTHING CONTAINED IN SAID POLICY TO THE CONTRARY, THE AMOUNT OF INSURANCE PROVIDED BY SAID POLICY~ AS STATED IN SCHEDULE A THEREOF~ IS SUBJECT TO CUMULATIVE ANNUAL UPWARD ADJUSTMENTS IN THE MANNER AND TO THE EXTENT HEREINAFTER SPECIFIED. "ADJUSTMENT DATE" IS DEFINED~ FOR THE PURPOSE OF THIS ENDORSEMENT~ TO BE 12:01 A.M. ON THE FIRST JANUARY 1 WHICH OCCURS MORE THAN SIX MONTHS AFTER THE DATE OF POLICY~ AS SHOWN IN SCHEDULE A OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED~ AND ON EACH SUCCEEDING JANUARY 1. 2. 3. AN UPWARD ADJUSTMENT WILL BE MADE ON EACH OF THE ADJUSTMENT DATES~ AS DEFINED ABOVE~ BY INCREASING THE MAXIMUM AMOUNT OF INSURANCE PROVIDED BY SAID POLICY (AS SAID AMOUNT MAY HAVE BEEN INCREASED THERETOFORE ' UNDER THE TERMS OF THIS ENDORSEMENT) BY THE SAME PERCENTAGE~ IF ANY~ BY WHICH THE UNITED STATE DEPARTMENT OF COMMERCE COMPOSITE CONSTRUCTION COST INDEX (BASE PERIOD 1967) FOR THE MONTH OF SEPTEMBER IMMEDIATELY PRECEEDING EXCEEDS THE HIGHEST INDEX NUMBER FOR THE MONTH OF SEPTEMBER IN ANY PREVIOUS YEAR WHICH IS SUBSEQUENT TO DATE OF POLICY; PROVIDED~ HOWEVER, THAT THE MAXIMUM AMOUNT OF INSURANCE IN FORCE SHALL NEVER EXCEED 150% OF THE AMOUNT OF INSURANCE STATED IN SCHEDULE A OF SAID POLICY~ LESS THE AMOUNT OF ANY CLAIM PAID UNDER SAID POLICY WHICH~ UNDER THE TERMS OF THE CONDITIONS AND STIPULATIONS~ REDUCES THE AMOUNT OF INSURANCE IN FORCE. THERE SHALL BE NO ANNUAL ADJUSTMENT IN THE AMOUNT OF INSURANCE FOR YEARS IN WHICH THERE IS NO INCREASE IN SAID CONSTRUCTION COST INDEX. 4. IN THE SETTLEMENT OF ANY CLAIM AGAINST THE COMPANY UNDER SAID POLICY~ THE AMOUNT OF INSURANCE IN FORCE SHALL BE DEEMED TO BE THE AMOUNT WHICH IS IN FORCE AS OF THE DATE ON WHICH THE INSURED CLAIMANT FIRST LEARNED OF THE ASSERTION OR POSSIBLE ASSERTION OF SUCH CLAIM~ OR AS OF THE DATE OF RECEIPT BY THE COMPANY OF THE FIRST NOTICE OF SUCH CLAIM~ WHICHEVER SHALL FIRST OCCUR. :{ < THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE SCHEDULES~ CONDITIONS AND STIPULATIONS THEREIN~ EXCEPT AS MODIFIED BY THE PROVISIONS HEREOF. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS EXTENDING OR CHANGING THE EFFECTIVE DATE OF THE AFORESAID POLICY~ BINDER OR COMMITMENT UNLESS OTHERWISE EXPRESSLY STATED. LAWYERS TITL~ INSURANCE CORPORATION MARVIN C. BOWLING~ JR. RUSSELL W. JORDAN~ III PRESIDENT SECRETARY COUNTERSIGNED BY: ISSUED AT: SAN JOSE~ CA ~.~ ~ ~ ....,,~....- ........ ~~-, \ ... ~--\ '-=,_jC/,___0h-~ n <+ .v.:... ~ .f ' .I" ! ,,3 i. I" ? 21 i itl ~". liE a ... ~..Ia i iI~ ! 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DRIVE ~ 10 :a < '" I I . . --=- =;1 @ i '- . = . -4 ~ @ 0 " . -4 .. .. . .. .. .of n .. ,. ~ .. \ ~ 'W .. ,. ,. -, . 8. ~ p; -4 - TO: City Clerk PUBLIC WORKS FILE NO.--E1d (41" ) '" Please collect & receipt for the following monies: 35-3396 3372 Plan Check & Inspection Fee ($0 - $100,000 10%; $100,000 - $500,0009%; $500,000 and above 7%; $100 min.) 3373 Project Plans & Specifications ($10) 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Work Area Traffic Control Handbook ($5) 3373 Copies of Engineering Maps & Plans ($.50/sq.ft.) 3372 Final Parcel Map Filing Fee ($450+ $20 per lot) 3372 Final Tract Map Filing Fee ($500 + $20 per lot) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($400) 3372 Vacation of Public Streets and Easements ($500) 3372 Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Park Dedication In-lieu Fee er Unit storm Draina e Area Fee Public Works Special Projects Postage 3372 3521 3521 3521 3510 Project Revenues (specify project) Public Works Excavat/on Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit $ R-1: ($50) Other: ($100) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) Other Cash Deposit (specify) ($200) -()~ ~ "- Olt'> $ 519 ,.- ADDRESS \ ' FOR CITY CLERK ONLY PHONE ZIP 9' 5'DO K RECEIVED BY . ~. DATE 5/ (PI I .