1370 Westmont Ave. (1999)
Recording Requested By: )
)
City of Campbell )
)
And When Recorded Return To: )
)
City Clerk )
City of Campbell )
70 N. First Street )
Campbell, CA 95008 )
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AGREEMENT, (identified as No. BP 99-794), made and entered into this
~'l day of (\--J, 1 JUT" , 19 <::V--l , by and between MICHAEL W. LYNCH,
A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, 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 Building Permit No. 99-794 upon
that certain real property described in deed recorded May 29, 1998, Document 14208102 in
the office of the County Recorder, County of Santa Clara, State of California, which property
is hereinafter referred to as "said real property" and commonly known as 1370 Westmont
Avenue;
WHEREAS, compliance with the terms and conditions of this agreement are conditions
to the final approval of above described application to construct a single family residence;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, it is hereby agreed as follows:
.
(1) Owner shall provide, construct and/or install at his own proper cost and
expense, public street improvements within 12 months from the date when owners or their
successors are notified to do so by the City Engineer.
(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 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)
- 1 -
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.
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 responsibility of the
Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said improvements prior to
notice by the City Engineer to construct or install such improvements, provided that prior to
such installation, all of the provisions of Section (3) shall be satisfied.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense
improvement plans for the construction and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by a civil engineer registered by the
State of California and submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or installed in accordance with those
plans approved by the City Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said construction and/or installation shall be in
accordance with the existing ordinances and resolutions of the City of Campbell and to all
plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all
State and County statutes applicable thereto. Upon completion and acceptance of the
improvements by City, Owner, or his successors, shall provide reproducible as-built plans to
the City Engineer.
(4) The construction work of the improvements embraced by this Agreement shall
be done in accordance with the specifications of the City of Campbell and West Valley
Sanitation District, 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 to be determined when
said plans are submitted in accordance with the rules in effect at that time.
- 2 -
(6) Owner, or his successors, shall file with City, prior to commencing work,
surety, acceptable to City, 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 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 that 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 bi~d Owner and successors indefinitely and forever.
- 3 -
(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, the City of Campbell Redevelopment
Agency, 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 this 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 1370 Westmont Avenue and the City's property, commonly described as
Westmont 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.
- 4 -
(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 ha.s caused its name to be affixed by its Public Works
Director, who is duly authorized under Ordinance 11.24.040, and said Owner has caused his
name to be affixed the day and year first above written.
MICHAEL W. LYNCH, A MARRIED
MAN AS HIS SOLE AND SEPARATE
PROPERTY
Ss-s- -4.,.
4CIr1v6-4Cf..tS-D
11t(S-D t\10~
GS-A1~ ~.-9tql
'Iv.,.
Signature
(Notary Acknowledgment for above
signator(ies) MUST be attached)
CITY OF CAMPBELL
~~~~I"
RObert Kass ~
Public Works Director
~ST .0
/d-v~{~''-
Anne Bybee, City Clerk
(Attach Notary Acknowledgment
for all parties)
h: \landdev\ 1370westmontagr(mp)
- 5 -
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On
before m~J2ll7ee
{J~M 3~u-nrS
(Notary Public)
{(). i 1j/74
personally appeared
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 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.
WI~~;~~.-i_~.:.n.'.;2ial /ea1.)~\
.,.' ~. / .~~..../ /1
/.~~~~
\ (Signature of ~ry .Public) .
~ ./
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.. / U /~-..H....PATtENCEANNE STARNES!
..' COMM. NO.1227202~
i.; NOTARY PUBUC. CALIFORNIA ~
::l SANTAClARACOUN1Y iii
= ' . COIIII EXPIRES JULY 29.2003 =
i....:.'.........II.II..i...n................
(This area for notarial seal)
- 6 -
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On ~/1IAtA:J d J / Y! Y before me,
personally appeared ~ 4s.s
/Y)~flE/l/E'>~ IlmEA3JF
(Notary Public)
personally known to me (or pI'8\'ed te me en. tIIc b~ uf ~tuIY evidetx:e) to be the persoI$) whose nameoo. isIftre-
subscribed to the within inmument and acknowledged to me that hel4illl:~ executed the same in hislherltbc1:
authorized cap~, and that by ~ signature~ on the instrument, the perso~, or the entity upon behalf
of which the person~ acted. executed the instrument.
WITNESS my hand and official seal.
~~~/
J;::---------,
MAf<IENE I( POMEROY
-a com,rni<.!:ion., # 1218428
~. Notmy ;:>~:,'ic. California I
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ENCROACHMENT PERMIT
n~21 :\ppllcation Fee
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.'vtloor Encroachment Permit < 55.000
R-l First Permit (No Fee) Subsequent Permlt/Yr
l}tlIHY Encroachment Permit
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En r. Est. > 5250 000
Utllltv < SIOO.OOO
\1immum Chane Per Location
Condultsl Pipelines UP (0500 Feet
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\1anhoiesIVaullS/Ecc.
Pole SetiRemoval
Street Tree Planun2/Removal
Utilttv > 5100.000
Street Tree ?lalHJni!JRemoval Permit
Prolect Plans & SoeClflCatlons
Slamlard Spcclt"ications & Deul.lls
CODteS or Er.l!lI1Cennl! Maps &. Plans
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.r7~~ I Penaitles: Failure to res(Ore public imorovements
I ...7221 ?enalues: Failure 10 correct unsafe condiuons
ILAND DEYELOP!I1E:-IT
! .1722 Lot Line .\dlustment
-17221 Parcel \lap 14 Lots or Less)
.172~1 j-in31 Tract .\130 15 or More Lots)
.n-:!21 C:r!Iticate of Comoliance
.17221 Ceruficale or Correction
.n:!:!1 NOlarv Fee {per signature)
.r7'l:! I Vacation of Public Streers & Easements
.17121 -\ssessmenl SegrelZation or Reapportionment
First Split
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TO: City Clerk
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-17281
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-; WORKS DEPARTMENT RECEIPT
Effective August I, 1999
PUBLIC WORKS FILE NO,
PROPERTY ADDRESS ~,
15236.25)
IS50.(0)
(SI05)
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Tratttc Flow Map (Dallv Traffic Volumes)
C:unobell Traffic Model (Full Scooe Assessment)
CJl110bell Traffic Model (Reduced ScoPe Assessment)
Truck PermItS
'10 Parking Sil!,ns
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NAME OF IPPUCINT
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ADDRESS
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CITY CLERK'S OFFICE
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MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Bill Bruckart DATE: ~R \~
Building Official ci
Site Address: ~l() \^-k-e--~ ....,.~ h'-.i.e
Harold Housley, L. D. Engineer - ..../Plan Check Number:~-'~
, ~
Chuck Gomez, Assistant~n .ineer' File No(s):
=-r..::r
.-
FROM:
THIS DEPARTlVIENT HAS NO OBJECTION TO ISSUANCE OF GRADING,
DRAINAGE, OR BUILDI.t~G PERl\1ITS FOR THE ABOVE REFERENCED PLAN
CHECK NUMBER.
BY: DATE:
CONDITIONS OF APPROVAL ARE SlJ'l\tllVlARIZED BELOW FOR CLEARANCE OF
BUILDING PERl"IIT(S) TO CONSTRUCT A NEW RESIDENTIAL STRUCTlJRE OR
AN ADDITION OR ALTERATION THAT ADDS 50% OR lVIORE SQUARE FEET OF
STRUCTURAL COVERAGE (SECTION 11.24.182).
~ Street Improvements: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, execute a street improvement
agreement, post security and provide insurance necessary to obtain an encroachment
permit for construction of the improvements, as required by the City Engineer. The
plans shall include the following:
'-{.P":s.street Improvements an R-l/Minor Encroachment Permit: Prior to issuance of an
encroachment' permit for construction of any public street improvements in the public
Right-of- W ay the applicant shall cause plans to be prepared, post security, and provide
insurance, all as required by the City Engineer.
Page 1 of 3
PLAN CHECK NUMBER:
~ Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
drainage, or building permits for the site, the owner shall execute an unsecured street
improvement agreement for construction of street improvements.
.~ Right-of-Wav for Public Street Purposes: Prior to issuance of any grading, drainage,
or building permits for the site, the applicant shall grant additional
~~) \ hE::;-~ l c,r-~,:t e:r-~ PE-T::?-.... T~......c..-- -r- Ne::., L ~ {
Right-of-Way for Public Street Purposes along the
frontage(s) to accommodate
Applicant shall cause to be prepared all documents necessary to record dedication and
submit to the City for review
b-to Public Service Easement: Prior to issuance of any grading, drainage, or building
permits for the site, the owner shall grant a
Public Service Easement on private property contiguous with the public right-of-way
along the
frontage. The applicant shall cause all documents to be prepared by a registered civil
engineer/surveyor and submitted to the City for review and recordation.
\.{.8'5...>-~torm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall pay the required Storm Drain Area fee. The current fee
is $ . ~C. 00 per acre which is $ (.0 ~::::L 0'0
"-C.e-::.. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current preliminary title report, grant deed, or
other proof of ownership.
l..€.-es Utility Installation Plan: Prior to issuance of building permits. the applicant shall
submit a Utility Installation Plan and Schedule for approval by the City Engineer for
installation of any new utilities. Streets which have been resurfaced within the previous
5 years may require installation beneath pavement by boring and jacking method and
will also require a pavement restoration plan for approval by the City Engineer prior to
any utility installation.
t?{/
\: ~ Legal Lot: The applicant shall provide documentation to ascertain that the lot was
legally created, or prepare a parcel map to create the parcel shown.
Site Plan: Prior to issuance of an encroachment permit, the applicant shall provide a
complete and accurate Site Plan in accordance with the Planning Division's checklist.
Page 2 of 3
PLAN CHECK NUMBER:
I RECEIVED A COpy OF THESE CONDITIONS OF APPROVAL:
Owner's Signature
Print
Date
cc: Alan Horn, PWD Inspector
j: \forrns\bldgapp
Rev, 6/30/99
Page 3 of 3
PUBLIC WORKS
PLAN REVIEW ROUTE SHEET
I ADDRESS:
1310
tJt-5-tw..~+
A- \1/
IPLAN CRECK NUMBER: If I( .7 'f'1
I APPROVED I NO COMMENTS:
DATE:
APPROVED/COND~ONSBELOW:
DATE:
",:~,
T"""
L)
~'"I ,.1KS
$1 nATION
NOTES:
IRETURN TO DARLEEN BECKER, BUILDING DMSION