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1460 York Ave. (1990) ( I C, li .. l' '! r) 1: I'll ' j .. ! J 1 L ,-1 " . r- 1 ' - ; 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works November 10, 1993 Andrew M. King Stella Derby 27431 Deer Springs Way Los Altos Hills, CA 94022 Subject: 1460 York Avenue - Deferred Street Improvement Agreement Investment Certificate - Account Number 308-517483-1 Dear Mr. King and Ms. Derby: Enclosed please find the released assignment of investment certificate form which was posted by you on July 25, 1990 with a Deferred Street Improvement Agreement. This surety is no longer required by the City of Campbell. If the San Tomas Area Policy is adopted by the City Council at their meeting of November 16, the deferred street improvement agreement which you executed will be quitclaimed by the City. If you have any additional questions, please do not hesitate to call me at (408) 866-2158. Very trury y..Q.urs, .7 U'" "~/ C tlt/ "//.' d /l jIlt. ..4ctLa. I Michael A. Fuller ~sistant Engineer :~5 Enclosures: Investment Certificate Form Passbook cc: Great Western Bank, 199 Main Street, Los Altos, CA 94022 File: ST(36) ASSIGNMENT AND RECEIPT OF INVESTMENT CERTIFICATE TO CITY OF CAMPBELL, 70 N. FIRST STREET CAJ.rpnELL, CALIFORNIA 95008 (408) 866-2150 P.W. Permit No. TR or DEV Loc. 1460 York Ave. C'u-eat Western Bank I am/We are the owner(s) of a .avings account at at its branch office at , California, Investment Certificate No. 308-517483-1 in the names of Andrew M. King or Stella Derby and having a present balance of $ 10,000.00 I hereby Krant. transfer and assign said account. said Investment Certificate. said balance (includin~ interest which accrues thereon). and all other rights in Connection therewith to the CITY OF CAMPBELL. assignee. for a good and valuable consideration. receipt of which 15 hereby acknowledged. for the purpose of insuring Construction described as follows: I have h sically delivered said Investment Certificate and du licate of this Assi nment and Receipt to said assiRnee. I understand that assignee can withdraw from said account any time on his aignature alone upon presentation of the Investment Certificate to the issuer. I also understand that I may not withdraw from said account unless I present said Investment Certificate and the si~nature of assi~nee approvin~ said withdrawal. The issuer of the certificate assumes no responsibility for the conduct of the assignee and may act on the signature of the assignee without further inquiry. E.ecu'ed on,~<<~ 197it at oaid ..../ Assignor ACKNO\.'LEDGEHENT BY ISSUER Issuer affirms that there are no other holds on subject account. that subject monies are available. and that the above described assignment has been noted on the Records of said iSSuer. Date By Authorized Signature Title: INSTRUCTIONS TO ASSIGNEE Please sign below for signature identification and as acknowledgement of your notice of Assi~nment and as receipt of said Investment Certificate. Return this Assignment and Receipt to the issuer at its address above. Retain one copy of this Assignment and Receipt for yOU, files. Date "1 /1l/ 10 / RELEASE BY ASSIGNEE Said assignee hereby releases and relinquishes all his right. title and interest in and to said account. said Investment Certificate. said balance and all other rights in connection therewith. I ! 1///0/ ! 3 Date ~~ty of 2~~~ GRANT DEED ANDREW M. KING and REGINA KING, husband and wife, hereby grant to the City of Campbell, a municipal corporation of the County of Santa Clara, State of California for public street purposes and to become a portion of York Avenue all that certain real property within said City and more particularly described as follows: The westerly ten feet, measured perpendicularly, of that certain parcel described in Deed to Andrew M. King and Regina King, husband and wife and filed for record on April 25 1990 in Santa Clara County Official Records in Book K926 at page 866: Containing an area of 550 square feet, more or less. IN WITNESS WHEREOF we have placed our names this ~ day of July, 1990. c~ $n-LvIy Andrew H. King //} , ~ ~. (. ) , Mv "F (-- Regi~ing ~t. NOTARY FOR INDIVIDUAL SIGNATURE STATE OF CALIFORNIA County of ~JifJ 11.7 /' ;:(4~.J I I ss. I On this :l/~y of r'~ . 19 &... before me&d,tl."<~~ a Notary Public in and for the cou~ of --k~~<f' (state of California, residing therein, duly commissioned and sworn, personally appeared - // ./ a '-:?'/' - .g;;~/tAz./~f..r--' 7})' <) /1/7 ,~__. ';f -Lj~~ :J/~ .-- . Ir.1f.t' pe=-H) kll.W""._ (or proved to me on the ~s of satisfactory evidence) to ~..--- be the person..t. whose nameAt/.('-iL subscri bed to the wi th i n instrument and acknowl edged ;1-- to me that Jfi.,Zq.....~7 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. '........................................................1 = , OFFICIAl.. SEAl.. I u~ ~ MILDRED MAY LOWE I i ........ NO'."F;Y PUBLIC - CALlF.':lRNIA ,= = '", COUNTY Of SANTA CLARA - , = Comm. Exp. Dec. '4, 1992 1r~..........If..............IJ...I.........I......,....... County of ~., --" It ., './'-'/4-7 {l~ "NOTARY SEALII State of California My commission expires ~<:- 1"- /fy,;(, z I!. 1: Iv. 130 - /8 - :3 /460 Yt'~K A JI E~ F<<:U'POS5i') t;:t ~f ~ s-s-" h \ -"1, i~i "0 ~ .. I LAND TO BE GRANTED , CONTAINS :t 550 ~A ~ LAND TO BE GRANTED TO THE CITY OF CAMPBELL INFORMATION PLAT BASED ON RECORD DATA i I 10 , 20 , SCALE: /"~ 10' DATE: Vf/f'o OR. BY: :D;> CK. BY: (!/Vr , ~~. ~:'''-- . . '.' ~... ...----. K 92 6PIJGE 867 The la~d referred to herein is situated in the State of California, County of Sa~ta Clara, city of Campbell (and is described as follows) BEGINNING at a poi~t of intersection of the Northerly line of Pollard Road with the center line of Harriet Avenue; thence along the Northerly li~e of Pollard Road, South 880 11' East 73.17 feet and North 860 East 375.10 feet to the center line of York Avenue; thence along said center line of York Avenue North 150 33' West 148.53 feet to the true point of beginning; thence from said true point of beginning and a1o~g said center line of York Avenue, North 150 53' West 55 feet; thence leaviTlg said center line and running North 740 07' East 170 feet, more or less, to the Easterly line of the 10 acre tract of land conveyed by Harriet S. Roesch, et vir, to H. Walters et ux, by Deed dated April 27, 1937 and recorded April 27, 1937 in Book 820 of Official Records, page 247; thence along said Easterly line South 100 30' West 60 feet, more or less, to the intersection of said line with a line bearing North 740 07' East from the true point of beginning; thence South 740 07' West 155 feet more or less, to the point of beginning, being a part of the Rancho Rinconada de Los Gatos. 403-18-003 10034 TJ.P/CO/bf A 403-18-3 8-8-88 ~ o - ~1r' C=::> \LL ~+ ~ tv\" c ~'--L:~ Q .,---- CITY OF CAMPBELL MEMORANDUM To: Frank Cauthorn Building Official Date: July 26, 1990 FromGloria Sciara Planner I Subject: Building Permit 1460 York Ave ---------------------------------------------------------- In response to Don Wimberly's memo of July 2, 1990, please be advised that the Planning Department has reviewed the building plans for a single family dwelling, in terms of the requirements made by the Public Works Department (additional 51 right of way on York). The applicant must submit revised plans to reflecting the following: 1. 15 foot front setback of the dwelling form the front property line. 2. Relocate the carport to provide a 25 foot setback from the front property line. Additionally, the property is located in a R-1-9 (Single Family Residential-9,OOOsq. ft. minimum lot size required) which requires Site and Architectural approval by the Planning Commission prior to approval of buildiing permits, as specified in the Zoning Ordinance Section 21.08.140 and in compliance with Chapter 21.42 (Site and Arch- itectural review). Any questions regarding this matter should be directed to Ms. Gloria Sciara at 866-2140. cc:Don Wimberly, Public Works Director MEMORANDUM CITY OF CAMPBELL To: From: Subject: Frank Cauthorn Building Manager Date: July 2, 1990 Don Wimberly Public Works Director WIMBERLY .~ HELMS I JOCS(}N I ~ KRUelER ! PENOYER BUILDING PERMIT REVIEW - 1460 YORK AVENUE In accordance with the Campbell Municipal Code Section 11.24.040, the following standard street improvements are required: . Dedication of additional right-of-way (10') to widen York Avenue to 30' from centerline. A title report for the parcel is needed from the applicant in order to draw up the dedication document. Execute an agreement and post surety to install standard street improvements in the future. Currently the plans indicate building set-backs which do not reflect the required dedication for street purposes. The Planning Department may want to review the plans again, taking into account the proper street dedication. Grading and drainage will also need to be reviewed. If you or the applicant have any questions, please contact Jim or Michelle. cc: Gloria Sciara, Planning MQ:BP02 - . ~~ @ -~ -, L HACIENDA -:::RO 01' SURVEy 119M'63 .. I .-.J I i , ---,-.-- -L',~..}49'~..L PM J'~'1\1 '/5.., "'tJ I'" .r;931 PI P I , I I l>;: '::J IV :~ I~ " .: ~ w'. I 1> I I ;"'1~' i~ ~ ~l:~ I~ I~ I~ ~ ~ '--'O":~;-r.\-,~O" ,",.0 ~ I I I~ - /: ~:': ::..:. · E:, , ~ i':! - ,: ~.. ,> '~'ll ," 1'0 "' I 'u, I "'~L ,- I . --~.I~ ._~ 'i~ ~ : Ill! :=" ~ I.~..,J "'I':~ --~-. ~I:__-':_L _:_ _~"__.'$_ ~ N~ i~ Z,: I\l 1~~--:~?," C\) : r 'U I " " ::r..-~~--~:.. ,. .,,~,) /1;) I n P I ;2 -'L -'-~~ -,0 ;;I ",- _.":oo!. -J- ~I: .t- I ... PNIVATE ROAD ,,'" ..,.. I. I~ _ I'l'~--- "~.1:." :,v;I~ I I;"'''' 1'<) :~ 0:'" "I I .., ~ j r---'i" " ::: I ~ I~ i ~ ~ ~ I~ It:! ~ &; I 5'31 I S., 31 OOOl If, I:>: ;:11 ,'::;t I~ '" '101 'X: IS 10_1 " . r:-iii,fp---. 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" ,- ~ .... o C z: :;J " ~ :;; o ;0 1: i> /) CITY ~r CAMPBELL APPLICATION FOR BUILDING PERMIT Applicant's Name: IVGO yO/(/(: t4-(/~ Applicant's Address: Ra; / ,LV! /(/;U0 I " 'f DA TE: .57.:1/ /90 t3bG '-?? 7 / Telephone: Construction Lender's Name: Building Address: I'/{ (.\ )6~ #{/c;- Owner: !(Cre-//J/! 1:-1 ~/6i Contractor's Name: GCUtC'e/C / 130lc 'or'7L , Telephone: State License No: Address: /C/( () rC,;C/C 4(; r.;;:- A~ch-i-t~c-~r-Engine-er: (.:t, C K (.uO o;() t!Je];/6';u S State License No: Address: Iii!: tAJ/(J (,UA-Y'_Y{;/:H-70CjA/ r.--4 ' =====================================--===-----===---~==_...._----==--------===-=---_..... APN: ic'~ - /'-6 '-00 .3 Group: :"\ :7 Planning Dept. No. Energy Cales. Ye...5 Fire Sprinklered: J.kJ Type: UN No. of Bldgs: / Residential Units: Commercial Units: ( Description of Work: /vC:'Lu Yr- 0 '-;' - Square Feet (a) c...::<.) S ..) ~ >< 5 (), ,- Square Feet(b) 'Other: Valuation (a) /<..-.:). c;, ;'S-o _ - , Valuation (b) Total V~luation: /;1 t..% /\-0., ,- / Date: .:5/.3/ /90 Receipt 1/: ,/ 7r~ ~/ , , Total Buqding Permit Fee: $ ~ 75b_ SlY. Balance Due : \ $ ;~, '-/ 6;( ~ '-16 , Eng. Cales: PO Logged: y~ Advance Fee Paid: $ 1.~g_S-_ '-I s> Building Permit Fee:$ //7(.' -16 I J '/' I /'\ //'...2 .,.ju ') No. Sets of Signed Plans: D' Construction Tax: $ /), ') Condition or Remarks: .' /1".',,'-< { / !:J2_-:l-- 66 ;i~~~--'A,Q ;t~w S/~cp(,c;- /-=/f/C/(LY dIU i.cr~ /J01(}Clrl60 dF eKIST/,-UC1 .s7:;Ct/C7'"{/~-f:;, COMPLETE OTHER SInE ~JIt n[CAMPBELL.. ROUTE SHE[T /'/(,0 YO;;::/<' AU(; DATE: c.;- /.5/,/'70 Applicant .ust contact departmenta and provide additional information marked 'X' below, Approvala will be granted by each city department through interoffice sail on .eparate forms. Required /IJ~ Approved /!/ l/~ /G rU I\. / " / L'/(. /L; WEST VALLEY SANITATION DISTlUCT: 100 E. Sunnyolks Av., Campbell, CA 95008. '08/~78-2~07 ') - ':!~/ ,.",'1, Supply one (1) aet of plena for fnduatrfll and c~rchl dnelopeenh. I', ,,/ {j Return Y8110w copy of ....er per.ft to IkIfldfng o.plrt.ent. .t. \ Y'A--- PLANNING DEPARTKENT: 70 N. First St., Campbell, CA '5008. .08/866-21.0 Supply plot pl.n, .l,vltfon and floor pl.n: FIRE MARSHAL's OFFICE: 123 Union Ave. Callpbell, CA '5008. .08/866-2189 Supply one (IJ 'et of coaplet. bufldlng pl.ns. PUBLIC WORKS DEPARTKENT: 70 N. Ffrit Sc. C.'!lPbel1, CA 95008. ~8/866-2150 ' Supply five a.ta of off-sft. f~rovement pl.ns .nd e.Clvltlon penllt applIcatIon. NOTICE: Pursuant to Chapter 11.32 of the Campbell Hunfclpll Code, any dfrt or debria generlt.d It I eonatructfon .ft. that fa .1 lowed to r...fn on a publIc right of ",y for .or, than t..]ve (12) hour. .,y be removed by the cIty AT THE EXPENSE" OF THE APPLICANT FOR THIS BUILDIHe PERHIT. FAILURE TO PAY THE EXPENSE .'LL RESULT IN SUSPENSION OF FURTHER BUILDIHe INSPECTIONS. ENVIRONMENTAL HEALTH SERVICES: Stev, Brooks, 408/299-6060. 2220 Hoorpark Ave, Sin Jose, CA 95128 ' Supply two (2) "t, of complete buIldIng pl.n,. YATER POLLUTION CONTROL: Clifford R. Young, .08/9.5-5300. 700 Los Est,ros Rd, San Joa" CA '513. CAMPBELL UNION SCHOOL DISTRICT: J.n.en C"lldy, '08/378-3405 ISS H. Third St, ~bell, CA '5008 CAJomRIAN SCHOOL DISTRICT: C.B. Towner, .08/377-2103 _115 Jlck,ol Or, S.n JOle, CA '5124. JlEQUlRED lv' /u/~ Ie IL/~ Iv .Iv'/;: I Ie, ' RECEIVED 5/:;11c;' C ENERGY FORMS I HANDICAPPED FORMS SOILS IEPORT :) ENGINEERING CALCULATIONS , ~ / /(116 PLAN CHECK FEE SOUND TRANSMISSION CONTlOL ../ DRAINAGE PLAN '-, OTHER RESOLUTION NO 8017 BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANDREW KING TO INSTALL STREET IMPROVEMENTS AT 1460 YORK AVENUE. 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 Andrew King and Regina King to install street improvements at 1460 York Avenue. PASSED AND ADOPTED this 2nd day of October following vote: , 1990 by the AYES: Councilmembere Kotowski, Watson, Conant, Burr, Ashworth NOES: Councilmembers None ABSENT: Councilmembers None APPROVED: ~~. ,~ John J. Ashworth, Mayor ) (]~. ' ATT~ )" ;- i ! · ")~l:lftf,z '4 ~ Barbara Olsasky, City clei ~ ~,/ ~ / ( ? A G R E E ~ E N T ----- THIS AGREEKENT (identified as No.ST 36 ) made and entered into this ~I'.H- day ofS4L-A , 19qO, by and between ANDREW M. KING and REGI~A KING, husband and wife hereinafter referred to as "Owner," and the CITY OF CA}IPBELL / a ~unicipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, Owner, or his contractor I has applied for a building permit to construct certain modifications to the resid~nce upon that certain real property described in Deed filed on April 25, 1989 in Book K926 of Santa Clara County Official Records at page 866, and commonly known as 1460 York A~enue. which property is hereinafter referred to as "said r~al property"; WHEREAS, compliance wi~h the terms and conditions or this agree~ent 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 ln section 11.24.040 of the City Code within 12 ~onths frore 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 caused by acts of Godl 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 incleffient weather, major strikes. and other delay beyond the control of Owners shall be excluded. It is further expressly understood that the purpose of this agree~ent is to defer construction of the above-mentioned improvements until some future date more conducive to the o"crall needs of the City of Campbell. In keeping with this unde"standing, 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 installatioll 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. Hothing 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 installatio~, 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 i~stallation 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 sub~itted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or i~stalled in accordance with those plans approved by the City Englneer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said constructio~ 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 s~atutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall pro_ide 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 i~prove~ent plans, field inspection of construction of improve~ents and all necessary expenses incurred by City in connection >iith said improvements, a sum in the amount of seven percent (7%) of the estimated cost of the improvements at the ti~e 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 in the amount of TEN THOUSAND DOLLARS ($10,000.00) 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 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 improve~ents by City. Said surety amount may bE reduced by the City Engineer after the date of final acceptance to noi less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obllgations of Owner, and his successors, contained ln 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 becos€ 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, UPO:1 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 agree2ents. (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 3 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 perfor~ance of the Agreement. 4 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 1460 York Avenue, and the City's property, commonly described as York Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fUlly expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all 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: ;J;;#/ l.. d~/ 'William R. Seli~mann, City Attorney OWNER: CITY OF CAMPBELL ~~ (//John J. Ashworth, Mayor Ij{f~#a4&4L Barbara Olsasky, City ClcC~ - ~ /)yJ, /<-.0/ Andrew H. King ~:r~ ~ King 6 NOTARY FOR INDIVIDUAL SIGNATURE STATE OF CALIFORNIA County of ~~ ~J I f ss. f On this (7/.1/ ~ ''-'day of , 19 Yo , before me, )~~d?.,<-I' );;:h~~~,,<- , L t7 /~/}J'-Z:;- a..A.d./ , S ta te of a Notary ) ", ~e-r Y f/ Public in and for the County of California, residing therein, duly commissioned and sworn, personally appeared d~u.~ * /f~ ~. :f fj~ 7/,y -- 1';pi! Pei"'Seo-a-H~wn to.me (or proved to me on the ba~ of satisfactory evidence) to be the personLwhose name~subscribed to the within instrument and acknowledged 7 - --- to me that 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. ...-..............nnlHl.Dlllaunnmnunnnn. S OFFICIAL SEAL = S ..,. MILDRED MAY LOWE i .- I.:r 1M ~ o&l~__~~"J~. NO~'AA'" tlU!UC - CALlf:)RNfA 5 = '" ",' COUNll' OF SANTA CLARA : = o...~ = = Comm. Exp_ Dec. 4, 1992 = ........UIlfU...............UUWWUUl............. /?;~ /?:~ ~~- Notary PUb1 ic in and for tI1e County of // /i:~ ,(0(4., State of California "NOTARY SEAL" / My corrrnission expires ,?':1lc/ ;/- /t'Y~