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1069 Audrey (1993)Council Report Item: 11 Category: Consent Calendar Date: March 16, 1993 Title: Deferred Street Improvement Agreement with Michael Hames for 1069 Audrey Avenue (Resolution/Roll Call Vote) RECOMMENDATION Adopt the attached resolution authorizing the Mayor to execute an unsecured agreement with Michael and Melinda Hames to install street improvements at 1069 Audrey Avenue when directed to do so by the City Engineer. DISCUSSION Backqround. The owner applied for a building permit to remodel and expand the residence at 1069 Audrey Avenue. The Municipal 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. This property is located on a block in the San Tomas Area where no street improvements currently exist. Analysis. The City is currently in the process of updating the Transportation Element of the General Plan. Part of this process is the San Tomas Area Study and, ultimately, the adoption of revised street improvement standards city-wide. Until new standards are adopted, staff uses some discretion in determining whether it is in the City and property owners' best interest to have street improvements installed to the current standard, or defer the construction pending adoption of the revised standards. The latter is accomplished through an unsecured deferred improvement agreement. Rather than require the improvement of only one property on the street to the current standard, staff recommends that the improvements be deferred until other properties in the area improve, and the update of the Transportation Element is complete. The enclosed agreement obligates the owners to install street improvements within one year from the date they are notified to do so by the City Engineer. FISCAL IMPACT None Deferred Street Improvement 1069 Audrey Avenue Page 2 March 16, 1993 ~LTERNATIVES Require the installation of standard street improvements on the frontage of 1069 Audrey Avenue. This would then be the only improved property on this side of the block. Additionally, a new street improvement standard may be adopted in this area in the updated Transportation Element of the General Plan. e Do nothing. This option precludes the City from requiring the installation of standard street improvements on the frontage of this property at a later date. Prepared by: ~~ %~.tApproved by: ~~b ~_.L~ _~' _~.~ .~ Asst. En~'. . Wks. Dil. Cl=y ~nager] Attachments: Plat Resolution Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR STREET IMPROVEMENTS AT 1069 AUDREY AVENUE BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: The Mayor is authorized to execute an agreement with Michael Hames and Melinda Hames to install street improvements at 1069 Audrey Avenue. PASSED AND ADOPTED this 16th day of March, following vote: 1993 by the AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: APPROVED: ATTEST: Barbara D. Conant, Mayor Anne Bybee, City Clerk CONFORMED COPY; This document : 1~6t been compared With the original. City Clerk's Office City of Campbell 70 N. First Street Campbell, CA 95008 11854672 F!t.ED FOR P,.L-CORD ,' -' F{EQUEST OF THIS ~ (identifi~ed as No. ~Pld 57) made and entered into this lOT¢ day of ~EL;/%~y , 19~3, by and as "Owner,', and the ? OF CAMPR~r.L, a.municipal corporation of the County of Sarfca ~±ara, State of California, hereinafter referred to as "City. ', WHEREAS, OWNER, or his contractor h~s applied for a building permit to construct certain additions on that oertain real property described as Lot 12 of "Hillview Acres", Tract No. 339 a copy of which mp was filed for record on July 15, 1946 in Book 11 of Santa Clara County Maps at page 19 and c~a~only known as, 1069 Audrey Avenue which Urope~ is hereinafter referred to as "said real property,,; ~%EAS, oompliancewiththe terms and conditions of this agreement arerequiredbySection 11.24.040 of theCampbell City Code; NOW, q/~EREF(~E, IN OONSID~kTI~OF~E ABOVE-M~FEION~D~, it is hereby agree d as follows: (1) Owner shall provide, construct and/or install at his .own urot::e.r oost and expense, public street improvements as described in section 11.24.040 of the City Code within 12 months frc~ the date when owners or their successors are not/lied to do so by the City Cng/neet. (2) All of said improvements shall be constructed and/or installed within 12 morfchs fro~ the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the cc~tion of said ~elve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, mjor 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 requested by t_his Agreement within the said 12 month period, the City, after giving ten (10) days written notice thereof to Owner, or his successors, may oDrustruct a~d/or install said improvements and recover the full cost and expense thereof fi-c~u owner, or his st~ocessors. It is further exuressly understood that th~ purpose of th~ ~ agreement is to defer construction of the above-mentioned improvements until sc~e future date more conducive to the overall needs of the City of C~ll. In keeping with this ~nderstanding, the right of the City to give any of the notices specified herein in Section (2) of thi.~ Agreement to install such improve, or to require oor~tru~_i~n or installation of such improve, or to install such improvements itself and recover the costs thereof s~m]l not be barred by the passage of time or delay by the City, but shall remain open and enforceable i~def~tely and forever. It is ~]~o understood that the passage of time or any delay caused by the City shall not relieve the A~, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or ureparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and Nothing herein shall be deemed to problbit construction of said improvements prior to notice by the City Engineer to con~tcuct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or h~.~ successors, shall cause to be prepared at his cost and expense improvement plans for the co~strt~_~tion and/or installation of said i~prov~me~s prior to such CCalStrl~~tion or installation. Said plans shall be urepared by a civil engineer reg~ by the State of California and .All of said improvements shall be ~ and/or installed ~n accordance with those plans approved by the City Engineer and shall be rode under the supervision and inspection and to the satisfaction of the C/ty Engineer. Said oc~-trt~tion and/or installation shall be in accordanoe with the existing ordinances and resoluticms of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades 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 oonstruction w~rk of the imurovements embraced by this agreement shall be d~ne in accordance with the specifica- tions of the City of (~ ~-11 and West Valley Sanitation District, where indicated. (5) Prior to apurov~l of the plans by ~the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for exmmination of improv~ plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improve, a sum to be de~ when said plans are su~nitted in accordance with the rules in effect at that time. (6) Owner, or his suocessors, shall file with City, prior to co~..~_ncing work, surety, acceptable to City, to insure full and faithful performnoe of the comstruction of all the w~t~r distcibution syst~. Said surety shm ll guarantee that Owner, and his successors, will correct any defects which my appear in said ~ement work within one (1) year from the date of acceptance of the work by City and pay for any damage to pay the cost of all labor and mteria]s involved. This surety shall r~in in effect until one (1) year after date of final acceptance of said ~ ~prov~mm~ts by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than t~enty-five (25) percent of its full value. (7) Upc~ final release of said surety by City, the oblig~ticmlS of Owner, and h~ successors, oc~tm~ned in this (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any assessment act as provided in the Streets and Highways Oode of the State of California created for the purpose of ~ and/or installing any or all of said i~c~ve~entm. (9) Owner, or his ~ccessors, shall participate in and become a part of any special ~ d~trict as described in paragraph (8) of thi~ Agreement. It is expressly understood that any obliqations of Owner, or his successors, contained in this Agreement that are acccmpl i nhed 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 b~nds and enter into such agreement as required by West Valley Sanitation District to insure the installation of a or his successors, shall file with City, upon execution of this Acfreement, a letter frc~ said Sanitation D/istrict stating that Owner, or his successors, have rode 3 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 Uroperty 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 pa3rdble. Owner's, and his successors,, obligations under this section shall not be relieved by delay or the passage of time, but shall r~main binding indefinitely and forever. (12) Owner, or him successors, shall make such deposits or file such bonds and enter into ~ch 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 compl~on of the ~?~ove~e~ts shown upon aforesaid imurovement plans shall be acquired by Owner, or his suocesso~, at him own cost and exp~ru~. It is are requ~ed for the purpose of securing said easement and right of way, Owner, or him successors, shall deposit or cause to be deposited with City a sum covering the reasommble market value of the land uroposed to be taken and to be included in said sum shall be a reasonable allowance for sev~ damages, if any. It is further urovided that in addition thereto such s~ as my Lncl~ental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all ~ parties and shall perform or cause to be perfo _r~ed_~ at his own cost and expense and to the satisfaction of the City Engineer any and all ~ork required to irrigation line or lines within the boundary of said real (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, gesfficials~and assignees harmless fi-om any and all claim~, attorneys' fees, arising out of, or resulting f~-~, any negligent or intentional act or omission (including misconduct) of said Owner, or his suocessors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them my be liable in the course of performance of the ~ne Owner, and his successors, shall also iDd~fy, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officim].~, and assignees harml~ against and 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 admin/strative levels) which the City of Campbell may ino~r or suffer, or to which the City of C~ ~mphell may be subjected resulting fi-c~u the failure of Owner, or performing services under him, to fulfill any of the obligations (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improv~ of the subject real property for the mutual benefit of Owner's Urop~, known as 1069 Audrey Avenue and the City's property, commonly described as Audrey Avenue where it adjo/ns Owner's heirs, assigns, s~cessol~, and grantees of Owner to said real (17) Nothing contained herein shall be construed to transfer 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 c~sation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) ~-~ is the entire Agreement ~ the parties, and understandings that are not fully expressed herein. (20) ~ 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 WHERtgDF, 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 ba.~ caused his name to be affixed the day and year fi~t above written. Will'am R. ~eiigmann City Attorney City Clerk CITY OF CAMPB~I. Barbara D. Oonant, Mayor 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of. California County of Santa Clara 2-11-93 On before me, DATE Kevin E. Collins, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NO~RY PUBLIC" personally appeared Melinda Hames, NAME(S) OF SIGNER(S) [~eo~~to-me - OR ~ proved to me on the basis of satisfactory evidence to be the person(.~/' whose name0~) is/a:~r~ subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in I-gs/her/tt~gir authorized capacity(iai), and that by ~Ls/her/tll~,r signature(s) on the instrument the person¢~), or the entity upon behalf of which the person(~acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT Deferred Street 5 NUMBER OF PAGES DATE OF DOCUMENT ~m OPTIONAL SECTION mmmm CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [] INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Improv. Agrmmmmn ~ 2-10-93 S~GNER(S) OTHERYHAN NAMED ABOVE Michael Hames & Barbara D. C0nant ©1992 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 GENERAL ACKNOWLEDGEMENT State of California County of SANTA CLARA § S ss. § On this 10th R. D. ROCHA SANTA CLARA appeared day of MICHAEL HAMES** FEBRUARY , 1993 before me, a Notary Public in and for the County of , State of California, personally R~xeX~]K~x~x~txgx~ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~me subscribed to the within instrument and acknowledged to me that he/~~xexecuted the same in his/h~x~r authorized capacity(iq and that by his/~Mr~K~r signature(M) on the instrument the person6~0, or the entity upon behalf of which the person O~, or the entity upon behalf of which the person~0 acted, executed the instrument. WITNESS my hand and official seal. si gna ture /'~QJ~~ ~-~~ Print Name MEMORANDUM To: From: Subject: Frank Cauthorn Building Department Mike Fulle~m~ ~ Public Works Engineering 1069 Audrey Avenue Date: CITY OF CAMPBELL October 16, 1992 The following are our comments and requirements for the building application for 1069 Audrey Avenue: 1) 2) 3) Show the distance from the centerline of Audrey Avenue to the property line (30 feet). Execute a deferred street improvement agreement to provide for the future installation of street improvements. No surety is required. Pay storm drain area fee of $471.00 If you have any questions, please call me at 866-2158. TO: City Clerk Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. 35-3396 Project Revenue (specify project) Public Works Encroachment Permit Fees: 3372 Application Fee Regular ($210) R-1 ($58) 3521 Plan Check Deposit ($500) 3521 Faithful Performance Surety (FPS) (100% of ENGR. EST) 3521 Other Cash Deposit (4% of FPS) ($500 min.) 3372 Plan Check & Inspection Fee (First $0-$30,000 14%; Next $30,000- $80,000 10%; Amount Greater Than $80,000 7%; $200 min.) 3373 Project Plans & Specifications 3373 General Conditions, Standard Provisions & Details ($12 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3372 Final Parcel Map Filing Fee ($1,000 + $21/per lot) 3372 Final Tract Map Filing Fee ($1,300 + $21/per lot) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($500) 3372 Vacation of Public Streets and Easements ($525) 3372 Assessment Segregation or Reapportionment First Split ($525) Each Additional Lot ($160) 3370 Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) 3380 Public Works Special Projects 3395 Park Dedication In-lieu Fee 3510 Postage H'?!. TOTAL NAME OF APPLICANT //~ / I~,E /-J ~/[ ~5 FOR RECEIVED BY CITY CLERK ONLY DATE PHONE $ qTi. oo