CC Resolution 8150
RESOLUTION N0. 8150
BEING A RESOLUTION OF THE CITY OF CAMPBELL APPROVING THE
MOVING OF AN EXISTING RESIDENTIAL STRUCTURE TO 690 S. SAN
TOMAS AQUINO ROAD FROM LOS GATOS FOR THE TEMPORARY STORAGE
OF SAID STRUCTURE WHILE THE PERMIT APPLICATION IS UNDER
REVIEW.
WHEREAS, Louise Perez did, on 7/23/91 file a request with the
Campbell City Clerk for an emergency moving and storage permit
for a house to be located at 690 S. San Tomas Aquino Road; and
WHEREAS, the City Council of the City of Campbell has determined
that the applicant has not had the plans for remodel or
construction reviewed by the various departments required to
review such plans; and
WHEREAS, the applicant must move the structure from the State of
California right of way prior to August 26, 1991;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Campbell that the Mayor and the City Clerk order that an
agreement for Emergency Move-on of Dwelling Structure (attached
as appendix A) must be signed by the applicant, notarized and
recorded with the Santa Clara County Recorders Office prior to
move on; and do hereby authorize the structure to be temporarily
stored at 690 S. San Tomas Aquino Road property;
And further resolved that the project be diligently pursued so
that a certificate of occupancy is issued within twelve (12)
months from the date of issuance of the building permit.
PASSED AND ADOPTED this sixth day of August, 1991, by the
following vote:
AYES: Councilmembers: Ashworth, Burr, Watson, Conant, Kotowski
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROV D:
__
r j ~-c-~ s-
chael F. Kotowski, Mayor
ATTEST:
Barbara Olsasky, City
APPENDIX "A"
AGREEMENT FOR EMERGENCY MOVE-ON
OF DWELLING STRUCTURE
WHEREAS, Louise Perez (hereinafter referred to as "Applicant") is
owner of certain real property in the City of Campbell commonly known
as 690 S. San Tomas Aquino Road, (hereinafter referred to as "subject
property");
WHEREAS, Applicant has acquired the right to possession and title to
a certain residential dwelling structure (hereinafter referred to as
"house") from the State of California;
WHEREAS, Applicant wishes to move the house to the subject property;
and
WHEREAS, the State of California has required removal of the house
from its present location immediately;
NOW, THEREFORE, in consideration of the City of Campbell allowing
Applicant to move the house to the subject property for storage prior
to obtaining full planning, building and public works approvals,
Applicant agrees, covenants, promises, warrants and represents as
follows:
1. Applicant shall apply for all necessary permits and approvals
from the City of Campbell and pay all required fees prior to
moving the house to the subject property;
2. Applicant must, at all times use reasonable diligence in pursuing
approval of all necessary permits to the end that all decisions
on such permits are completed at the earliest possible date;
3. That the following schedule is agreed to as the latest dates for
performance. Failure to perform by these dates will constitute a
lack of diligence and cause for action by the City as described
in Section 6.
a. Obtain site approval by Dec. 1, 1991.
b. Obtain construction permits by March 31, 1992.
c. Complete construction by Aug. 6, 1992.
4. If and when any permit or application necessary for the placement
of the house on the subject property is denied, Applicant shall
remove the house, as well as any fixtures or personal property
from 690 S. San Tomas Aquino Road in the City of Campbell within
ten (l0) days from the date of such denial;
Appendix "A" Page 2
5. Furthermore, if at any time, the City Council of the City of
Campbell determines that Applicant is not using reasonable
diligence in pursuing any of the necessary permits or
applications, the Applicant shall remai~e the house, as well as
any fixtures or personal property from b?0 S. San Tomas Aquino
Road in the City of Campbell within to (10) days after being
notified of the City Council's determinat~c,•;
6. If Applicant fails to remove the house pursuant to paragraphs 3
or 4, Applicant hereby agrees that any and all interest and title
that he may own or possess in the house, and any fixtures and
personal property on the subject property, shall be release,
relinquished, transferred, and forfeited to the City of Campbell,
and that the City of Campbell may destroy or dispose of said
house, fixtures and personal property as it sees fit without
compensation to Applicant;
7. In the event of a forfeiture as set forth in paragraph 5,
Applicant waives any and all rights that he may possess to the
house, and any fixtures or personal property at the subject
property, with full knowledge of any and all rights that she may
otherwise possess;
8. Applicant shall file, with the City of Campbell, a surety
acceptable to the City in the amount of $60,000.00 to insure full
and faithful performance of all of the terns and conditions of
this Agreement. Said surety shall guarantee removal cf the house
pursuant to paragraphs 3 or 4, as well as any damage resulting
from the moving of the house or construction as the subject
property and the costs of all the labor and materials involved,
and any and all costs of disposal of said house;
9. Applicant shall confirm that all persons involved in moving the
house have applicable worker's compensation coverage;
10. Applicant shall supply proof that all persons involved in moving
the house have public liability insurance in the amount of not
less than One Million Dollars ($,1,000,000.00)
The certificate shall clearly state as follows:
"The City of Campbell and its respective officers, agents and
employees are named as additional insureds from the against any
claims, loss liability, cost or expense arising out of or in
anyway connected with the construction of the project. This
coverage shall be primary and any coverage carried by additional
insured shall be excess insurance only.";
11. That all administrative expenses by the City expended to enforce
the provisions of this agreement shall be recoverable as part of
Section 8.
Appendix "A"
12. Applicant agrees to indemnify,
Campbell, its agents, officers,
claim, damages, demands, loss
attorney's fees) arising out of
of Applicant in connection with
house or the subject property, o
Page 3
defend and hold the City of
and employees harmless from any
or causes of action (including
any act or omission on the part
this Agreement or the use of the
the relocation of said house;
13. In the event that it is necessary for the City of Campbell to
engage the services of an attorney to enforce the terms or
conditions of this Agreement, the fee of such attorney, and any
costs incurred, shall be recoverable from Applicant. This
provision includes fees expended for services performed by the
City Attorney;
14. This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the heirs, administrators, executors, and
assigns of Applicant;
15. This Agreement shall be governed by the laws of the State of
California;
16. This Agreement contains the entire Agreement of the parties
hereto, and supersedes any prior written or oral agreements
between them concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or
understandings, oral or written, between and among the parties
hereto, relating to the subject matter contained in the
Agreement, which are fully expressed herein;
17. Applicant. represent that he has read and fully understood the
contents of this Agreement.
Date: ~ ~ ~/ ~/ ~_~~
~i
~~ oui a Perez
A icant