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HomeMy WebLinkAboutItem 7.1 Demolition of Illegal Buildings (2) s 4 AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 13 , 1986 SUBJECT: Demolition of Illegal Buildings and Structures at 7360 San Ramon Road EXHIBITS ATTACHED: 1) Stipulation for Entry of Judgement filed June 26, 1985 2 ) Letter to Mr. Nichandros dated July 1, 1985 3 ) Letter to Mr. Nichandros dated August 23, 1985 4 ) Letter to Mike Nave dated October 23, 1985 5) Letter from Mike Nave to Joseph F. Devane 6 ) Judgement filed December 6, 1985 7 ) Letter from Amador Worldwide Moving & Storage dated January 2 , 1986 8) Photographs of site will be available at meeting 9 ) Specification No. 01-86 for Demolition 10 ) Specification No. 02-86 for Removal and Storage of Material 11) Plot Plan RECOMMENDATION: 1) Appropriate $50 , 000 from the Street Improvement Reserve to accomplish the demolition of buildings and structures as specified in the Judgement. 2 ) Approve Specifications & authorize the Building Official to advertise for bids to- remove all materials and personal property from the buildings and structures to be demolished and to remove all outdoor display of wares and merchandise except for plant materials authorized by Section 8- 48. 2 of the Dublin Zoning Ordinance . 3 ) Approve Specifications & authorize the Building Official to advertise for bids to demolish the buildings and structures specified in the Judgement. FINANCIAL STATEMENT: Estimated costs to accomplish the demolition and removal of the structures is $50, 000 . The Judgement provides that all costs to the City in performing the abatement. shall be charged to and paid by the owner. DESCRIPTION: This involves five buildings and structures which were built prior to the incorporation without necessary permits from the county. No. 1 is a 19 'x60 ' addition at the rear of the main building. This was built in April, 1972 . No. 2 is a 17 'x90 ' addition on the South side of the main building. This was built in November, 1980 . No. 3 is a 16 'x30 ' storage shed. No. 4 is a 8 'x12 ' storage shed. No. 5 is an uncovered storage rack. The date of construction of buildings #3, #4 , and #5 are unknown but were built prior to 1977 . ----------------------------------------------.------------------- ITEM N0. * COPIES- TO: John .Nichandros 7360 San-Ramon Rd.. a a .. r��'a r�Y'r Y,`�.R r. ��..�i'� � _ j w �ftv'�• On October 8, 1984 , the City Council directed the City Attorney to commence action to abate the building and zoning violations at the address . This action resulted in The Stipulation for Entry of Judgement. The Stipulation for Entry of Judgement set forth a series of steps which would result in the construction of the buildings to code or the construction of a new building and the abatement of the illegal buildings within one year. It also provided that if the owner failed to accomplish the steps within the time specified that the City was authorized to do whatever necessary to remove the illegal buildings and structures . Simply stated the owner has to: 1 . Discontinue outdoor display of wares and merchandise except for plant materials (for the plant nursery operation) authorized by Section 8-48 . 2 of the Dublin Zoning Ordinance by July 17, 1985 . 2 . Remove all excess signage by July 17, 1985 . 3 . Remove the office trailer by August 16, 1985 . 4 . Submit a complete application for a Site Development Review (for the illegal additions or for a building to replace them) by September 15, 1985 . 5 . Submit complete plans and an application for a building permit 90 days after the approval of the Site Development Review. 6 . Remove the buildings and structures 60 days after the issuance of a building permit, or by June 15, 1986 whichever occurs first. If items #1, #2 or #3 were not accomplished in the time specified the City was authorized to demolish the buildings and structures . If item #4 was not accomplished in the time specified the owner was to remove the buildings and structures by October 15, 1985 . The owner was notified July 1, 1985 , as to what was required and the consequences of failure to comply with the terms of The Stipulation for Entry of Judgement . The owner was notified on August 23, 1985, of failure to comply and the owner ' s attorney was notifed on October 28, 1985 that a Judgement would be obtained. In order for the City to demolish the buildings it will be necessary to first remove the merchandise and personal property from the building and place it in storage . This must be done with a Keeper from the Sheriff ' s Department in order to assure that all material is taken to the storage facility. The City will have to pay the first month storage costs . The estimated costs for moving and storage are outlined in the January 2 , 1986, letter from Amador Worldwide Moving and Storage as $21, 617 . 70 . It should be noted that this is only an estimate and that the proposal is on a time and material basis . The cost of a Sheriff ' s Department Keeper will be $51 . 00 per day. It is estimated that 5 days will be required for moving for a total cost of $255 . An informal verbal estimate for demolition of the buildings was obtained from a local demolition contractor. This estimate was $20, 000 . To this must be added cost for City Staff time and a substantial contingency because the moving charges will be on a time and material basis . The breakdown of the estimated costs are : Moving & Storage $21, 618 Keeper 255 Demolition 20, 000 Contingency & City Staff Time 8, 127 _ $50, 000 .i.....,,r,�„�, ...,�, __r.,T,,,-y,yr ,;..r...'CF"+Efi'i�fF�7"f0.'A�st°t�YP34'st"�?]0.a".d:: 'T'.R�.vi�'."�'"35^!!',�,xa�'y:5'-c*,s .r. .-"•`e,..:+TC:r;^-:=:u. n 1 MICHAEL R. NAVE, City Attorney City of Dublin END 2 1220 Howard Avenue, Suite 250 F 8 L ED P. 0. Box 208 3 Burlingame, CA 94011-0208 2 6 1985 ,iliN 4 (4 15) 348-7130 RENE C. DAVIDSON. County Clerk 5 Attorney for Plaintiff By Gail Peerless, Deputy 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA-SOUTHERN DIVISION 10 11 CITY OF DUBLIN, a municipal corporation, 12 W < Plaintiff, NO. H102786-2 3: 3 Z ° 13 Q W m p ° � < Nm � vs• STIPULATION FOR ENTRY W < m u < 14 OF JUDGMENT AND a o o f iJOHN NICHANDROS, individually, ORDER THEREON ° _ ` an 15 and dba WORKBENCH TRUE VALUE ° a z N _J HARDWARE STORE, and DOES I 16 through XX, inclusive, 17 Defendants. 18 19 STIPULATION FOR ENTRY OF JUDGMENT 20 IT IS HEREBY STIPULATED by and between Plaintiff CITY 21 OF DUBLIN, and Defendant JOHN NICHANDROS, individually, and doing 22 business at 7360 San Ramon Road, Dublin, California, as WORKBENCH 23 TRUE VALUE HARDWARE STORE, through their respective attorneys that 24 judgment in the above-entitled cause may be entered in favor of 25 Plaintiff and against Defendant as follows: 26 1 . Defendant shall , within thirty (30) days following 27 the execution of this Stipulation, discontinue the outdoor display 28 of wares and merchandise except for plant materials as authorized I I by Dublin Zoning Ordinance Section 8-48 .2; 2 2 . Defendant shall , within thirty (30) days following 3 the execution of this Stipulation, remove all signs from the 4 premises which exceed the total square feet of signage permitted 5 by Dublin Zoning Ordinance Section 8-48 .8; 6 3 . Defendant shall , within sixty (60) days following 7 the execution of this Stipulation, remove from the premises the 8 trailer which has been used as an office in violation of Dublin 9 Zoning Ordinance Section 8-48 .9 ; 10 4 . Defendant shall remove from the premises the 11 building additions and modifications listed as items 1 , 2 , 3 , 41 12 and 5 on Exhibit "A" , which is attached hereto and incorporated 13 herein. The abatement and removal of said items shall be subject 14 to the following conditions: 15 (a) In the event that Defendant fails to comply 16 with the time limits for performance of any of the 17 obligations set forth above in paragraphs 1, 2 , and 3, 18 Plaintiff shall immediately do whatever is necessary to 19 cause Defendant to comply with said obligations, and 20 Plaintiff shall do whatever is necessary to remove the 21 additions and modifications listed as items 1 , 2 , 3 , 4 , 22 and 5 on Exhibit "A" . Any 'and all costs incurred by the 23 Plaintiff in performing any of the above acts of 24 compliance and/or abatement shall be charged to and paid 25 by Defendant. - 26 (b) In the event that Defendant has not, by 27 September 15 , 1985 , submitted an application to 28 Plaintiff for a Site Development Review of planned -2- 1 improvements at 7360 San Ramon Road, Defendant shall , 2 not later than October 15 , 1985 , remove the additions 3 and modifications listed as items 1, 2 , 3 , 4 , and 5 on 4 Exhibit "A" . 5 (c) In the event that Defendant has not submitted 6 an application to Plaintiff for a building permit within 7 ninety (90) days following Plaintiff ' s approval of said 8 Site Development Review, Defendant shall , not later than 9 one hundred twenty (120) days following said approval, 10 remove the additions and modifications listed as items 11 1, 2 , 3 , 4 , and 5 on Exhibit 12 (d) In the event that Defendant is issued a 13 building permit by Plaintiff, Defendant shall , not later 14 than sixty (60) days following issuance of said permit, 15 remove the additions and modifications listed as items 16 1 , 2 , 3 , 4 , and 5 on Exhibit 17 (e) Notwithstanding any of the conditions set forth 18 above, Defendant shall , not later than June 15 , 1986 , 19 remove the additions and modifications listed as items 20 1, 2, 3 , 4 , and 5 on Exhibit 21 5 . In the event that Defendant fails to comply with any 22 of the conditions set forth above in paragraph 4 (b) , (c) , (d) , 23 and (e) , Plaintiff shall immediately do whatever is necessary to 24 remove the additions and modifications listed as items 1, 2 , 3 , 4 , 25 and 5 on Exhibit "A" . Any and all costs incurred by the Plaintiff 26 in performing any of the above acts of abatement shall be charged 27 to and paid by Defendant. 28 6 . The Judgment pursuant to this Stipulation shall not -3- I 1 be filed unless Defendant fails to comply with any of the 2 conditions set forth above in paragraphs 4 (a) , (b) , (c) , (d) , and 3 (e) , and 5. Plaintiff shall file said Judgment after giving 4 written notice to Defendant and Defendant' s attorney of the 5 failure of condition. 6 Dated: June. , 1985 CITY OF DUBLIN By /&4 11111'Zj�l' 7 • MICHAEL R. NAVE 9 Attorney for Plaintiff 10 Dated: - June , 1985 JOHN NICHANDROS Y 12 JOHN NICHANDROS , Defendant Joseph F! Devane ' Attorney for JOHN NICHANDROS 1 14 15 ORDER ON STIPULATION FOR JUDGMENT = 16 17 IT IS SO ORDERED this --- day of June, 1985 . - 18 19 MICHAEL E. BALLACHEY JUDGE OF THE SUPERIOR COURT 20 21 22 23 24 25 - 26 - 27 28 I -4 _ r , EXHIBIT .A 7360 SAN RAMON ROAD, DUBLIN Conditions rendering the b Road, Dublin a substandard bolding: located at 7360 property: San Ramon l • Approximatel 19 ' x 60 ' addition attached to building : rear of the A. This addition was built without a permit in 1977 -and is an illegal buildin April of 11 . 6 city of Dublin Building g as defined by Sectipn g Regulations. D. The addition has no foundation. 2907, City of Dublin Building Code.Violation of Se_ ction C. The addition is used for storage. The rear sales area is through this stora e exit of the through storage rooms is g area_ of City of Dublin Buildin prohibited by Section 3303 (e) , does not have exits as re Code_ Thus, the .sales quired by Section 3303 (a) . area D. The exterior wall on the northerly property line 1-hour fire-resistive . Violation of Sections 031S not and Table 5-A, City of Dublin Buildin Code----.-- 504 , g - E- The 4 ' x 4 ' beams supporting to support the roof a the roof are not adequate City of Dublin Building iolation of Section 2305, g Code_ F. The 2 ' x 10 ' @ 16" - - _ adequate to support the center floor joists are not 23-A for light storage. live load specified by Table 23�a ) , of the Cit This is a violation of Section y of Dublin_ L G. The addition was not designed to resist due to wind and earthquake' as required by lateral forces and 2312 of the City f n Building Sections 2311 B y Dublin g Code_ H. The addition does not required b have afire-retardant roof as y Section 3202 (b) , Code _ City of Dublin Building I- The electrical wiring in the addition is un nonmetallic sheathed cable in violation protected 336-6, of the City of Dublin Electrical Code. Section 2- A proximately 17 ' x 90 ' additi ' building : on on the south side of the A. This addition was oriinall Y a built a prior to 1975 and was sun-shade structure less ft _ in area - This area was than 1 , 000 I Without a subsecuentl sq- permit and in November 198' Y roofed over a new ceiling and I wall structure was built within the original construction without a permit. This is an illegal building as defined by Section 11 . 6, City of Dublin Building Regulations . B. The addition has no foundation. Violation of Section 2907, City of Dublin Building Code. -- C. The sill under the exterior wall is untreated douglas fir. Violation of Section 2516, City of Dublin Building Code _ D_ The electrical wiring on the north wall of the addition is exposed nonmetallic sheathed cable in violation of Section 336-6, City of Dublin Electrical Code. E. . . The exterior plywood wail covering is not nailed as required by Table 25-Q, City of Dublin Building Code. F. The 2" x 4 " at 24 " on center roof rafters span about 17 feet and are not adequate to support the roof. load in violation of Section 2305, City of- Dublin Building Code . G. The 2" x 4 " raf ters are supported by a double 2x4_ -plate which spans about 4 feet. The double top plate is supported by 2x4 . studs at about 4 ' on - center. This entire framing system is not adequate to support the roof load in violation of Section 2305, City of Dublin Building Code _ H. The addition was not designed to resist lateral forces due to wind and earthquake as required by Section 2311 and 2312 , City of Dublin Building Code. I_ The roof covering is not fire-retardant as required-by Section 3202 (b) , City of Dublin Building Code_ 3 . Approximately 16 ' x 30 ' storage shed-:-- - A. This shed was built without a permit, and is an illegal building as defined by - Section 11_ 6, City of Dublin Building Building Code . B. The shed has no foundation. Violation of Section 2907, City of Dublin Building Code_ C. There is untreated wood in contact with and less than 6" above the earth _ Violation of Section 2516, City of Dublin Building Code . D_ The roof construction and supports are not adequate to support roof loads . Violation of Section 2305, City of _ Dublin Building Code . r E. The shed is not designed to assist lateral forces due to wind and earthquake as required by Sections 2311 and 2312 , City of Dublin Building Code . F. The roof covering does not conform to the requirements for an ordinary roof covering as set forth in Section 3203 (f) , City of Dublin Building Code_ G_ The saw and pipe cutting machine is wired with an extension cord in violation of Section 400-8, City of Dublin Building Code . 4 . Approximately 8 ' x 12 storage shed: A. There is untreated wood in contact with, and less than 6" above the earth_ Violation of Section 2516, City of Dublin Building Code . B. The roof construction and supports are not adequate to support roof loads _ Violation of Section 2305, City of Dublin Building Code _ C. The shed is not designed to resist lateral forces du to wind and earthquake as required by Sections 2311 and 2312 , City of Dublin Building Code_ D. , The roof covering does not conform to the .uirements for an ordinary roof covering as set forth- in Section 3203 (f) , City of Dublin Building Code. 5_ Approximately 16 ' x 24 ' uncovered storage rack A_ This structure was built without a permit and is an illegal structure as defined in Section 11 . 6, City of Dublin Building Regulations. B_ There is untreated wood in contact with and less 6" above the earth_ Violation of Section 2516, . City than an Dublin Building Code _ of C. The rack is not designed to resist lateral forces due to wind as required by Section 2311 Building Code _ . City of Dublin ' ' P 612 924 CITY OF DUBLIN RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Development Services (See Reverse) P.O. Box 2340 Sent M R � N k c6 n A ro S Dublin, CA 94568 0 < e and No. July 1, 1985 Go i�U Scan Ramon P(t P.O.,State and ZIP de (? LAS/ d 7Certified g y 6 # Mr. John Nichandros I �t 7360 San Ramon Road Special Delivery Fee Dublin, CA 94568 --- RE: STIPULATION FOR ENTRY OF JUDGEMENT - 7360 SAN RAMON ROAD, DUBLIN I have reviewed a copy of the Stipulation for Entry of Judgement executed by you on June 17, 1985 . It provides that several actions by you must be accomplished within a specified time frame . In order to assure that there is no misunderstanding of what is required to be accomplished by you, the following shall be done : 1 . By . July 17 , 1985, discontinue the outdoor display of wares and merchandise except for plant materials as authorized by Section 8-48 . 2 of the Dublin Zoning Ordinance. 2 . By July 17 , 1985, remove all signs from the premises which exceed the square feet of signage permitted by Section 8- 48 . 8 ' 3 . By August 16, 1985 , remove the trailer. If you do not comply with the above time table, the City will remove the above items and charge you the costs of removal. Furthermore, if Items 1, 2, & 3, are not accomplished by you on August 16, 1985, the City will remove: a) the 19 ' x 60 ' addition attached to the rear of the building. b) the 17 ' x 90 ' addition on the south side of the building. c) the 16 ' x 30 ' storage shed. d) the 8 ' x 12 ' storage shed. e) the 16 ' x 24 ' uncovered storage rack. 4 . If the first 3 items are accomplished on time, you will submit a complete application for a Site Development Review with all necessary plans and data that may be required by the Planning Department by September 15, 1985 . If the first 3 items are accomplished on time, but a complete application for a Site Development Review has not been filed by September 15, 1985, you will by October 15, 1985, remove the buildings listed above. If you have submitted a complete application for a Site Development Review by September 15, 1985, you will have 90 days after approval of the site review to submit a complete July 1, 1985 John Nichandros Page 2 application for a building permit, along with necessary plans, calculations and, other data as is required by law and conditions of the approved site review. If a complete application is not filed in time, you will have 120 days from the approval of your site review to remove the buildings listed above . If you secure a building permit, you will have 60 days to remove the buildings listed above . Finally, if for some reason the processing of your application for a site review, or building permit is delayed by your inaction, or for any other reason, and you have not secured either a Site Development Review approval, or a building permit, you will by June 15, 1986 remove the 5 buildings listed above . Furthermore, if you fail to meet the time schedule listed above anywhere along the line, the City will remove the 5 buildings listed above and charge you for the costs of removal . This notice is given to you in accordance with the "Stipulation for Entry of Judgement" , and executed by you on June 17, 1985 . No further notice will be given you as to what is required of you, and no further notice will be given you if the City is required to act due to your failure to meet the obligations you agreed to on June 17, 1985 . VICTOR L. TAU HER BUILDING OFFICIAL cf cc : Joseph F. Devane Michael Nave CITY OF DUBLIN Development Services CI Planning/Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 August 23, 1985 CERTIFIED MAIL Mr. John Nichandros FILE COPY 7360 San Ramon Road Dublin, CA 94568 RE: 7360 SAN RAMON ROAD You have not complied with the Stipulation for Entry of Judgement that you executed on June 17, 1985 . Specifically all of the signs have not been removed by July 17, 1985, and the trailer has not been removed by August 16, 1985 . Therefore, item 4 (a) of the Stipulation for Entry of Judgement becomes operative and the City is authorized to remove the excess signs, the trailer and five buildings and/or structures . This is to notify you that the City intends to begin removal on August 31, 1985 . If there is any material or equipment of value in these buildings, structures or trailer, it is suggested that this be removed before the City begins demolition and removal . Please be advised that storage of other than plant materials for the nursery outside is not allowed. 1a 9�u 31 It VICTOR L. TAUG ER P 6 cE��tFt,ED MA BUILDING OFFICIAL P�C�N UR OR COVER ONA��ADED C f N�NOT FOR INTERN at . cc : Joseph Devane any alp Code p.o.,�j,v $ Mike Nave ° aV, postage ui Certified Fee special Delivery Fee Restricted Delivery Fee Return R and Da 6elivvered to Whom to Whom, CIA ReturnandaAddress"o9DeliverY a, Date, $ 1i 70Tp,L postage and Fees , m LL Postmark or Date C) r� E L Q LL a CITY OF DUBLIN Development Services Planning/Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 October 23 , 1985 Mr. Michael Nave P.O. Box 208 Burlingame, CA 94010 RE: JOHN NICHANDROS - 7360 SAN RAMON ROAD The Stipulation for Entry of Judgement executed by John Nichandros on June 17, 1985 set forth a schedule as work to be done or actions to be taken by Mr . Nichandros . In the event the schedule was not complied with, stipulation provided that the City would remove the offending buildings and outdoor storage. Item 1 was complied with as required. Item 2 was not complied with in the time specified, but was eventually complied with. Item 3 was not complied with in the time specified, but was eventually complied with. Item 4 (b) has not been complied with, in that a complete application for a Site Development Review has not been submitted to the Planning Department. It appears necessary to institute action to remove the buildings at this time. Please advise what should be done. 11 4- VICTOR L. TAUGHER BUILDING OFFICIAL cf MICHAEL R. NAVE ATTORNEY AT LAW 1220 HOWARD AVENUE. SUITE 250 BURLINGAME, CALIFORNIA MAILING ADDRESS 94010-4211 �+ P. 0. BOX 208 (415) 348-7130 BURLINGAME. CA 94011-0208 j• c 0 tober 28, 1985 l0� city � �5 -9 Joseph F. Devane 0� Attorney at Law OFpr P.O. Box 2426 Dublin, CA 94568-0242 Re: City of Dublin v. Nichandros Dear Joe: Enclosed please find a copy of a letter to me, dated October 23 , 1985, in which Vic Taugher , Dublin Building Official, itemizes Mr . Nichandros ' lack of compliance with item 4 (b) of the Stipulation. Unless I have been notified of compliance by you or Mr. Nichandros within the next seven (7) days , I will obtain a judgment pursuant to the Stipulation. Thank you. Very truly yours , MICHAEL R. NAVE MRN: jaa Enclosure L--6c: Vic Taugher y / 1 MICHAEL R. NAVE CPS Attorney at Law D. 2 1220 Howard Avenue, Suite 250 P.O. Box 208 D LE C ii i98S 3 Burlingame, CA 94011-0208 4 Telephone: (415) 348-7130 RENE C. DAVIDS01`q, County Cler"t By Frances 1. Cacula, De;�uty 5 Attorney for Plaintiff 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA - SOUTHERN DIVISION 10 CITY OF DUBLIN, a municipal 11 corporation, 12 Plaintiff, No. H102786-2 13 v. JUDGMENT PURSUANT 14 JOHN NICHANDROS, individually, TO STIPIILATION and dba WORKBENCH TRUE VALUE 15 HARDWARE STORE, and DOES I through XX, inclusive, 16 Defendants. 17 18 The Court has read the Stipulation and Order for Judgment 19 and the Declaration of Michael R. Nave in Support of the 20 Judgment , and it appearing to the Court that defendant JOHN 21 NICHANDROS, individually and doing business as WORKBENCH TRUE 22 VALUE HARDWARE STORE has not complied with the terms of said 23 Stipulation. 24 NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that 25 plaintiff CITY OF DUBLIN shall do whatever is necessary to 26 discontinue and/or to remove from the premises at 7360 San Ramon 27 Road , Dublin, California , the following items and conditions: 28 1. The outdoor display of wares and merchandise 1 except for plant materials as authorized by Dublin Zoning Ordinance Section 8-48.2; 2 2. All signs which exceed the total square feet 3 of signage permitted by Dublin Zoning Ordinance Section 8-48. 8; 4 3. The trailer being used as an office in violation 5 of Dublin Zoning Ordinance Section 8-48.9; 6 4. The building additions and modifications listed as items 1, 2, 3 , 4 and 5 on Exhibit A which is 7 is attached hereto and incorporated herein. 8 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any and 9 all costs incurred by plaintiff CITY OF DUBLIN in performing any 10 of the above acts of abatement shall be charged to and paid by 11 defendant JOHN NICHANDROS. I 12 Dated: 1985 TZ JUDGE OF THE SUPERIOR COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 7360 SAN RAMON ROAD EXHIBIT .A, DUBLIN Conditions renderin Road, Dublin a subs andard buildings located property: at 7360 San Ramon 1- Approximatel building - 19 ' x 60 ' addition attached to rear of the A. This addition was 1977 and built without n illegal building a is a permit in April of 11 . 6, City of Dublin Buildin g as defined by Section g Regulations. ----- B- The addition has n° 29_, City of Dublin Buoildin ton_ Violation g Code. of Section C- The addition is used sales for storage. The area is through this rear exit of the through storage rooms st°rage area. City of Dublin Buildin prohibited b Exiting is does not have exits as g Code. l' Section 3303 (e) , Thus, the .sales required by Section area .. D. The exterior wall on 3303 (a) . 1-hour fire-re sistivethe northerly Property and Table 5-A Violation o line is not , City of Dublin °f Sections • Buildin 703. 504 , E- The 4 ' x 41 g Code—.—be to support the supporting the roof are not 'adequate roof loads_ Violation of Section 2u to City of Dublin Building Code. F. The 2 ' x 10 ' @ 16" -- - - - ' adequate to °n center floor 23-A for .light support a the live Joists are not ge. This load specified a violation . by Table 2304 (a) , of the is _ City of Dublin. of Section G. The addition was not designed to resist and to as required by forces Of the City of Dublin Building Sections 2311 H. The addition does g Code_ required b not have a fire-retardant 'Code_ �' Section 3202 (b) , roof City of Dublin -roof Building I- The electrical wiring iring in the addition 336-6 sheathed cable is unprotected __, of the City n violation of y of Dublin Electrical Code_ Section 2_ . A proximately 171 x 90 building: addition on the south side of the A- This addition was built prior Originally a sun-shade structur to 1975 and This area was a less was ft_ in area_ Thi than 1, 000 without mahout a permit and in Nove=mber bseau tly roofed over 1930 new ceiling and AML wall structure was built construction without a permit within the original building as defined by Section 11T61s is an illegal Building Regulations _ City of Dublin B_ The addition has no foundation. 2907, City of Dublin Building Code Violation of Section C. The sill under the exterior wall fir_ Violation of Section 25 is untreated douglas Building Code_ City of Dublin D. The electrical wiring on the north wall of the additio is exposed nonmetallic sheathed cable n Section 336-6, City of Dublin Electrical C deolation of E- . - The exterior l required by Table 25-Q, City C tycofeDublinot nailed as n Building Code_ .F The 2" x 4 " at 24 " on center roof rafters span about l feet and are not adequate to support violation of- Section 2305 Pp°rt the roof- load in Code_ City Of* Dublin Building G_ The 2" x 4 " rafters are supported b which spans about 4 feet. �' a double 2x4 plate supported by 2x4 . studs at about double supported top plate is on center. This entire Framing system is not adequate to roof load in violation of Section 2305 support the Building Code_ City of Dublin H: ' The addition was not designed to resist lateral due to wind and earth forces Section 2311 and 2312 City of earthquake required by • Y Building Code. I- The roof covering is not fire-retardant as require&& Section 3202 (b) , City of Dublin Building Code_ Y 3 - Approximately 16 ' x 30 ' storage 9 shed: A• This shed was built without a building as defined b Permit, and is an illegal Building Building Code Y Section 11. 6, City of Dublin B- The shed has no foundation_ City of Dublin Building Violation of Section 290.7, - 9 Code_ C. There is untreated wood 6" above the earth_ in contact with and less than Viol ation of Section 2516, City of Dublin Building Code _ y D- The roof construction and su support roof loads - Violation Pof is are not adequate to Dublin Building Code- Section 2305, City of E. The shed is not designed to assist lateral forces du to wind and earthquake ke as required b e 2312 y Cit of Dublin Building Code. F. The roof covering does not conform to the requirements for an ordinary roof covering as set forth in Section 3203 (f) , City of Dublin Building Code_ G- The saw and pipe cutting extension cord in violation of machine Section 400eg with an Dublin Building Code. City of 4 - Apl?roximat'ely 8 ' x 121 storage g shed: A- There is untreated wood in contact Vio 6" above the earth- with, and less than lation of Section 2516, City of Dublin Building Code . B. The roof construction and supports support roof loads_ Violation of S Lio 2eg Cite of to Dublin Building Code- C. n 305 y C_ The shed is not designed to resist lateral-wind and earthquake as required b es due ' 2312 y g Code_ City of Dublin Building � Sections 2311 and _ D The roof covering does not conform . to the requirements for an ordinary roof cover' is 3200 . City of Dublin Building set forth in Section g Code. . .-- - 5_ A proximately 16 ' x 24 ' uncovered storage rack: A- .Thi-s structure was built w t illegal structure as .defined in Sectipermit and is an Dublin Building Regulations. n 11 : 6, City of o B- There is untreated wood in contact with and less tha 6" above the earth_ Violation of Section 2516 n Dublin Building Code_ ,. City of C- The rack is not designed to resist lateral forces d to wind as required by Section 2311 ue Building Code City of Dublin 1 MICHAEL R. NAVE Attorney at Law 1220 Howard Avenue, Suite 250 Q P.O. Box 208 E LID 3 Burlingame, CA 94011-0208 1985 4 Telephone: (415) 348-7130 RENE C. DAVIDSON, Coanty Clerk 5 Attorney for Plaintiff By Frances I. Gacula, Deputy 6 7 i 8 � IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA - SOUTHERN DIVISION 10 CITY_OF. DUBLIN, a municipal 11 corporation, 12 Plaintiff, No. H102786-2 W w a a < W 2 s o 13 p• DECLARATION OF �. < N Q n i J 9 z < m MICHAEL R. NAVE IN W < m 14 JOHN. NICHANDROS, individually, SUPPORT OF JUDGMENT Q fa p o - and dba WORKBENCH TRUE VALUE < o Z a U 15- HARDWARE STORE, and DOES I N through XX, inclusive, 16 Defendants. 17 18 I , MICHAEL R. NAVE, declare as follows: 19 1. I am an. attorney at law, licensed to practice in the 20 courts of the State of California,. and I. am attorney 'for 21 plaintiff CITY OF DUBLIN in this action. 22 2. The parties to this action executed_ a Stipulation for 23 Entry- of Judgment on June 24, 1985. An Order pursuant to said 24 Stipulation was entered on June 26 , 1985. A- copy of the 25 Stipulation and Order is attached hereto -as Exhibit A. 26 3. Said Stipulation provided that defendant JOHN 27 NICHANDROS was to discontinue and/or remove certain items and 28 conditions from the premises of WORKBENCH TRUE VALUE HARDWARE 1 STORE. at 7360 San Ramon Road, Dublin, .California, by certain 2 dates. On July 1, 1985, defendant JOHN NICHANDROS was notified 3 by certified mail of the dates on which he was to abate said 4 conditions. A copy of said letter is attached hereto as 5 Exhibit B. 6 4. Said defendant did not comply with the terms of said 7 Stipulation in that he failed to remove items listed as numbers 8 1, 2 , 3, 4 , and 5 on Exhibit A to the Stipulation for Judgment , 9 and has , in addition, failed to apply to the City of Dublin for 10 a Site Development Review for planned improvements at 7360 San 11 Ramon Road , Dublin. On October 28, 1985, defendant' s attorney 12 was notified by first class mail of defendant's non-compliance 13 with the Stipulation. A- copy of said letter is attached hereto 14 as Exhibit C. 15 5. Pursuant to paragraph 6 of said 'Stipulation , judgment 16 may be entered in the event that defendant has not complied with 17 the terms of the Stipulation provided that defendant 's attorney 18 has been given written notice of defendant 's non-compliance. 19 I declare under penalty of perjury that the foregoing is 20 true and correct and that this Declaration was executed on this 21 15th day of November , 1985, at Burlingame , California. 22 23 MICHAEL R. NAVE 24 25 26 27 28 -2- I MICHAEL R. NAVE, City Attorney ENDOrtsE© City of Dublin 2 1220 Howard Avenue, Suite 250 g P. 0. Box 208 3 Burlingame, CA 94011-0208 JUN 26 1985 4 (4 15) 34 8-7 13 0 RENE C. DAVIDSON, County Clerk 5 Attorney for Plaintiff By Gail Peerless,. Deputy 6 - 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA-SOUTHERN DIVISION 10 11 CITY OF DUBLIN, a municipal corporation, 12 W Plaintiff, NO. H102786-2 ' 13 j ' N 10.20 - - vs. N 0 n STIPULATION FOR ENTRY F � < ox < 14 OF JUDGMENT AND W < M V f . 0.w n _ JOHN NICHANDROS, -individually, ORDER -THEREON N :Z `- .15 - and dba WORKBENCH TRUE VALUE N HARDWARE STORE, and DOES I = 16 through XX, inclusive, 17 Defendants. 18 19 STIPULATION. FOR ENTRY-.OF JUDGMENT . 20 IT -IS HEREBY -STIPULATED by and between -Pl-aintiff CITY 21 OF DUBLIN.,. and Def endant..JOHN NICHANDROS, individually, and doing 22 business -at -.7360 San Ramon_ Road, Dublin, -Calif o-rnia-,..-.as- WORKBENCH.-_ 23 TRUE .VALUE HARDWARE. STORE; .through.. their - respective attorneys that 24 judgment in the above-entitled cause may be entered --:in--favor -of 25 Plaint i-ff.--and against :Defendant- as -follows: --- 26 1. Defendant_ shall, within thirty. -(30 days following 27 the execution of this Stipulation, discontinue the outdoor display 28 of wares.- and merchandise-except for plant materials as authorized b 1181HX3 1 by Dublin Zoning Ordinance Section 8-48.2; 2 2 . Defendant shall, within thirty (30) days following 3 the execution of this Stipulation, remove all signs from the 4 premises which exceed the total square feet of signage permitted 5 by Dublin Zoning Ordinance Section 8-48 .8; 6 3 . Defendant shall, within sixty (60) days following 7 the execution of this Stipulation, remove from the premises the 8 trailer which has been used as an office in violation of Dublin 9 Zoning Ordinance. Section 8-48 .9 ; 10 4 . Defendant shall remove from the premises the 11 building- additions and modifications listed:-as items. l;. 2 , 3 , 4, 12 and 5 on Exhibit "A" , which is attached hereto and incorporated 13 herein. . The abatement and removal of said' items shall be subject 14 to the following .-conditions.--- 15 la) In the event that Defendant fails to comply 16 with the time limits for performance - of any of the 17 obligations. -set forth- above in -paragraphs - 1, 2, and 3, 18 _ Plaintiff- shall immediately do whatever is necessary to 19 cause Defendant to comply with said obligations, -and 20 20 :: Plaintiff shall- do whatever- is- necessary to - remove- the 21 additions and modifications 1isted -as items-. 1, - 2 , . 3 , 4.., _ 22 and 5 -on Exhibit--"A" . Any and all costs incurred by_ the 23 _ Plaintiff- in- performing- any of. the -above.-acts - of-. 24 compliance and/or abatement--.shall-be charged . to and paid 25 by Defendant. ... 26 (b) In the event that Defendant -has not,:--by , 27 September 15, 1985 , submitted-.an._application to 28 Plaintiff for a Site Development Review of planned I -2- 1 improvements at 7360 San Ramon Road, Defendant shall, 2 not later than October 15 , 1985 , remove the additions 3 and modifications listed as items 1, 2, 3 , 4 , and 5 on 4 Exhibit 5 (c) In the event that Defendant has not submitted 6 an application to Plaintiff for a building permit within 7 ninety (90) days following Plaintiff 's approval of said 8 Site Development Review, Defendant shall, not later than 9 one hundred twenty (120) days fol-lowing said approval, 10 remove the additions and modifications listed as items 11 1, 2 , 3 , 4 , and 5 on Exhibit 12 (d) In the event that Defendant is issued a 13 building permit by Plaintiff, Defendant shall, not later 14 than sixty (60) days following :issuance of said- permit, 15 remove the additions and modifications-listed as items 16 1, 2 , 3 , 4 , and 5 on_ Exhibit 17 (e) Notwithstanding- any of the conditions set forth 18 above, Defendant shall, not -later: than June 15 , 1986,- 19 ...... remove -the additions and modif ications: -listed - as.- items 20 1, 2 , 3 , 4 , and 5_,on - Exhibit-.:"A 21 - 5 . In the -event--that�_Defendant- fails to_ comply. with any 22 of --the conditions. set forth above. in paragraph 4-- (b) , . (c) , (d) , 23 and -(e). , -.:Plaintiff shall. immediately-do whatever is necessary to 24 remove the additions and modifications listed as -items -1, --2, 3 , 4 , 25 and 5 on Exhibit ."A" . . Any -and all costs -incurred by the Plaintiff- 26 in performing any of. the -above acts of abatement shall be charged 27 to and paid by Defendant. 28 6 . The Judgment=pursuant to-- this Stipulation shall not -3- 1 be filed unless Defendant fails to comply with any of the 2 conditions set forth above in paragraphs 4 (a) , (b) , (c) , (d) , anc 3 (e) , and 5. Plaintiff shall file said Judgment after giving 4 written notice to Defendant and Defendant' s attorney of the 5 failure of condition. 6 Dated: Junel'-14,1" , 1985 CITY OF DUBLIN L' - 7 g BY MICHAEL R. NAVE -' 9 Attorney for Plaintiff 10 Dated: June 17 , 1985 - JOHN N CHANDROS t -- By 12 JOHN NICHANDROS , Defendant Joseph ;FL Devane 1 �torney for JOHN NICHANDROS 14 15 - ORDER.. ON ST-IPDLATION- FOR JIIDGMENT 17 - IT IS. SO ORDERED this - 18 . �_ day -�of June,-._1985:: 19 - MICHAEL E: BALLACHEY- - 20 JUDGE- OF--THE SUPERIOR. COURT _ 21 - 22 23 24 25 — 26 - 27 28 -4- EXHIBIT .A 7360 SAN RAMON ROAD, DUBLIN Conditions rendering Road, Dublin a substandard property: - -located at 7360 property: - San Ramon l- Approximately 19 ' x 60 ' addition attached building: to rear of the A. This addition was built . without a 1977 and is an illegal buildin Permit in April of 11. 6 y Cit of Dublin Buildin g as defined by Se_ c n g Regulations. B. The addition has no foundation. 2907, City of Dublin Building Code_Violation of Se_ c_ t_ C. The addition is used for storage. The rear ex' sales area is through. .. this it of the through storage -rooms 'is storage area- - the City of Dublin Buildin prohibited by. Section -3303 (e) , - does- not have exits as re Code: Thus, the .sales area required by Section 3303 (x) _ D- The—exterior— wall on the northerly 1-hour-fire-resistive. property line Violation of Sections 70315 not and Table . 5-A,- City of Dublin- Building Code. 5-04' E- - The 4 ' x '4 ' beams supportin to support . the roof- - loads. g the roof are not adequate -- City of Dublin Building Code. not of Section 2305, F. The ':2-1 x ' 10 ' - @ 16" - - adequate:- to - su °n center floor . pport -the - live load specified are not 23-A. for .light- -storage_- pecified :by Table .- 230_ 4 (a) , -of the Cit This . -is-- a -violation of Section_. y of Dublin: G- The addition .was not -desi _ due -to wind and earthquake a s^re' iced b lateral- forces and -2312;- �of the --City q Y Sections.=-2311 y -of. Dublim--Building Code_ H. The addition - does not -- required _b --have :-.a - fire-retardant= _ . y Sec -on---32.02 (b) -: .Cit � roof=-as Code:-.._: - Y----of Dublin -Building z- The electrical wirin nonmetallic : .sheathedg cablehe•` addition -is unprotected-- ---- 1n violation-._ of 336--G-,-' of the City-.of Dublin- Electrica- _ Section- 2- .proximately 1 C_ode.:__._ A _1-7.' .x. 90 ' _ additi building. = on on the south side of the A- This .addition was originally built - prior - to Y . sun-shade structure 1975 and was ft_ 'in area_- This'-.area was less than 1, 000 without a permit and in November bsequentl " sq_ - 1900 a Y roofed over new ceiling and �L ,. wall structure was built construction without a within the original building as defined b Permit_ This is an illegal Building Regulations . y Section 11 . 6, City of Dublin B. The addition has no foundation. 2907, City of Dublin Building Code Violation of Sec on C. The sill under the exterior wall is untreated d fir. Violation of Section 2516 ouglas Building Code_ City of Dublin D. The electrical wiring on the north wall of the addition is exposed nonmetallic sheathed cable Section 336-6, City of Dublin Electrical Code. of E. . . The exterior' plywood wall covering -Is required by Table 25-Q, City of Dublin Building g Code:as F- The 2" x- 4 '!- at 24 " . on- center roof rafters span about 1 feet and are not adequate to support Violation of Section 2305 pp°rt the roof. load in Code. City Of- Dublin Building G_ The 2" x 4 "_ rafters are supported by .a double - which spans about -- 4 feet-..- 2x4 plate supported by 2x4 ._studs ' at about-Al -top plate is entire, gamin - 4 on center_ This.- g.-system is not - adequate- to support the roof.-load-in violation -of Section 2305,--City of Dublin Building Code_ _ H: -'The addition .was not designed-- t-o resist la due to wind and earthquake Section 2311- and- 2312; Cit quake .-_ as required --by _. y -of, Dublin Lnuilding Code. I- The -roof --covering .--is. not fire-retardant-- Sectioa-3202 (b) , C.ity _-of Dublin . Buildin as requ-it-ed�by g Code .-- 3- APPatel-y.. 16' - x 30-'-- " st-orage-=shed. -� -- A. This shed was built _-without == building- -as defined- }� a--permit, and is- an- illegal Y Section='`ll_ 6 = City. of Dublin B. The -shed--has .no - foundation�L. - . ., - - -_Violation= of Sect"Dublin Buildin g Code ion 2907 C- There is untreated -wood--in 6" above.--the earth_-= i olationnOf- Section an--d _less-than-. Dublin Building Code _ X516, City of D. The .roof -construction and support roof loads:_-- suPp°rts are not adequate to Dubbin Building ,Code Violation of Section -2305, City of 1 E. The shed is not designed to assist lateral fo to wind and earthquake as rces due 2312, City of Dublin e as required by Sections 2311 and Building Code. F. The roof covering does not conform to the requirements for an ordinary roof covering q ements 3203 (f) , City of Dublin Buildings set forth in Section . g Code_ - G- The saw and pipe cutting extension cord in violation of machine Section 400 wired 8, City h an Dublin Building Code_ ty of 4 _ Approximately 81 X 12 ' storage shed: • A. There is untreated wood _ V- 6" above the earth in contact Code with, and less than Dublin Building iolation of Section 2516, City of . B_ The roof construction and supports are not support roof. -loads- -:==-Violation of Section- 2305equate to Dublin Building- 'Code_ City of C- The shed is not designed -to resist lat to wind and earthquake as re eral- forces due required 231?,. City_. of- Dublin BuildinC by Sections 2311 and g Code.- _ D_ - The roof covering does..not conform for an ordinary the requirements 3203 (f - _=_ l' rOOf -cover-ing--as `--set forth= in Section �) , City:.-of Dublin .Building :Code_- -- ---on 5- A proximately 16 ' x 24 . --uncovered storage rack: _ A- This structure was -buil-t without- a .- e rmit and - illegal structure -as. defined- i.ii - Section-..11 : 6 Dublin - Buildin is an Building -Regulations_ - City of - o _ B- - There is untreated - wood- in contact with._-and 'less than- -` 6" above-"the -earth--�-'Violation- of- Section=-2516 Dubl-in Building -Code. - , : Git of C. The rack is not designed to resist la to wind.---as required- b t,C . forces ' due Buildin Code Y. Section 2311, City- -.o f Dublin= ;._ - 9 CITY OF DUBLIN Development Services Planning/Zoning 829.4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4916 July 1, 1985 CERTIFIED MAIL Mr. John Nichandros 7360 San Ramon Road Dublin, CA 94568 RE: STIPULATION FOR ENTRY OF JUDGEMENT- 7360 SAN RAMON ROAD, DUBLIN I have reviewed a copy of the Stipulation for Entry of Judgement executed - by you on June 17, -1985. It provides that several actions. by you must---- be accomplished - within a specified- time frame-. - ..- In order -to assure that there is- no misunderstanding of what is required to be accomplished by you, the following shall be .done : 1 . By July 17., 1985, discontinue the outdoor display of wares and merchandise-. except for plant materials as authorized by Section 8-48-0-2- of-the Dublin Zoning Ordinance. - 2 . By July 17, 1985, - remove all signs from the premises which exceed-- the square- feet-: -of signage permitted by- Section :8— 48 . 8 . 3 . By Abgu*st 16, 1985, --remove---the trailer. If yo:u ..-do- not comply_--with_ the above__ time- table, the City will = remov--_:_the :-above-- items---and -charge - you -the costs of. removal . Furthermore, if Items_..1, 2, - & '-3, are not accomplished-- by-.you on August=-16, 1985, the City will remove: a) the ,19 ' x 60 ' -addition building.. -7 attached to the rear.-of the b) the .17 ' _.x 90 ' .-- addition.- - on the -south-:-.side - -of the building: - c) _-the 16 ' x .30' storage shed. d) the 8 ' x 12 ' storage shed. e) -the 16 x:- 24 ' -uncovered.-storage-- r-ack. ._-..--.. 4 . If the _first-773 items -are -accomplished - on time, -you -will submit---.a -complete-'-application for a. Site.-Development Review with-`all necessary. plans- and data that -may be required by the Planning- Department •by September: 15, 1985 . =- -. If - the first- 3 -items --are accomplished on time, but . a complete - application -for -a :Si.te Development - Review has not been filed by September 15, .1985; -you -.will by October 15, 1985, - -remove the buildings listed above . If -you have submitted a - complete- - applicati-on- -:for a Site - Development-: Review - by.. September- 15, 1985,' you -will -have- -90 days after approval of the site - review - to submit a complete - EXHIRPT Fi July 1, 1985 John Nichandros Page 2 application for a building permit, along .. with necessary plans, calculations and, other data as is required by law and conditions of the approved site review. If a complete application is. not filed in time, you will have 120 days from the approval of your site review to remove the buildings listed above. . If you secure a building permit, you will have 60 days to remove the buildings listed above . Finally, if for some reason the processing of your application for a site review, or building permit is delayed by your inaction, or for any other reason, and you have not secured either.-a ..Site Development Review approval, or a building permit, you wi11 by June 15, 1986 remove the 5 buildings _-li.sted. above. . Furthermore, if you fail to meet the time schedule listed above anywhere along : _the line, the -City will remove the 5 buildings listed above and charge you for the costs -of- removal . This notice is given. -to you in accordance ..wi-th_.the ."Stipulation. for Entry— of - Judgement"-, and executed.. by you on June.- 17, 1985 . No further . 'notice will be given you as to what is required of_ you, ..and .no further -:notice will_. be given you if the --City -is_ required. to.._ act due to- your failure- to meet:.-.the obligations. you agreed, to 'on June-17; '1985 . VICTOR L. TAUGHER BUILDING OFFICIAL cf cc :--. Joseph-F.. Devane-- Michael Nave l EMPHRIT 3 MICHAEL R. NAVE ATTORNEY AT LAW 1220 HOWARD AVENUE. SUITE 250 BURLINGAME, CALIFORNIA MAILING ADDRESS 94010-4211 P' 0- BOX 200 (415) 348-7130 ..RLINGAME, CA 94011-0206 October 28, 1985 Joseph F. Devane Attorney at Law P.O. Box 2426 Dublin, CA 94568-0242 Re: City of Dublin v. Nichandros Dear Joe: Enclosed please find a copy of a letter to me, dated October 23, 1985, in which Vic Taugher , Dublin Building Official, itemizes Mr. Nichandros' lack of compliance with item 4 (b) of the Stipulation. Unless I have been. notified of compliance by you or Mr. Nichandros within the next seven (7) days , I. will obtain a judgment pursuant to the Stipulation. Thank you. Very truly yours , MICHAEL R. NAVE MRN: jaa Enclosure cc: Vic Taugher -EXHIBIT Amador Worldwide Moving & Storage 6500 Sierra Court, Dublin, California 94568 415/828-8210 Outside California 800/227-0752 • In California 800/621-6201 January 2 , 1986 �� Uv E City of Dublin P. O . Box 2340 ��'.I! ;� 1 Dublin , CA 94568 CI i Y OF DUBLIN Attn : Victor L . Taugher BUILDING INSPECTION DEPT. Gentlemen : The following is our estimate of costs associated with the removal and storage of miscellaneous items from the illegally-built annexes to the "Workbench" Hardware Store in Dublin : Cartons required for packing 3800 @$1 . 00each = $3800 . 00 Packing labor 350 manhours @ $28 . 85 per hour = 10 , 097 . 50 Moving into storage 92 hrs . van & 2 . men @$64 . 35 hrr 5920 . 20 Flat charge for permanent storage(per month) = 900 . 00 Warehouse handling .flat charge(one time) = 900 . 00 Should access to the goods be required while they are in storage , an appointment must be made in advance and a labor charge of $25 . 00 per manhour will be assessed . The released valuation of the goods will be calculated on the basis of . 60 per pound based on a constructive weight of 7 lbs . per cubic foot . Additional coverage is available at $1 . 00 per each $1000 . 00 of declared value per month. Should delivery out of storage be required , we estimate it will take approximately 60 hours @ $64 . 35 per hour for 2 men and van or $3861 . 00 . Please note that the number of men and vans quoted is simply being used for simplicity ' s sake and that we shall determine the men and equipment to be actually dispatched on an "as-required" basis . With the exception of the monthly storage and warehouse handling fees , all other charges will be based on actual time and material used . If you have any additional questions about this estimate , please address them to myself or Carey Swiers . Yours truly , Bryan Grether AMADOR WORLDWIDE MOVING AND STORAGE Atlas,Van Lines Agent Y CITY OF DUBLIN SPECIFICATIONS AND CONDITIONS GOVERNING THE DEMOLITION OF BUILDINGS AND STRUCTURES LOCATED AT 7360 SAN RAMON ROAD, DUBLIN, CALIFORNIA SPECIFICATION NO. 01-86 INTENT It is the intent of these specifications, terms and conditions to describe the demolition and removal of the buildings and structures located at 7360 San Ramon Road. The work to be done shall be in accordance with these specifications, terms and conditions pursuant to the judgement filed December 6, 1985 in the Superior Court of the State of California in and for the County of Alameda-Southern Division No. H102786-2 . Each bidder is hereby notified that the owner of the property may demolish the buildings and structures and there is nothing to prevent the owner from performing necessary work before the successful bidder begins the demolition. In the event the owner does complete the work after the award of the contract but prior to commencement of the work by the successful bidder, the contract will be cancelled by the City. Each bidder shall include in his bid liquidated damages to be charged to the City in the event the City cancels the contract. Each bidder in determining the cost of the work shall include the value, if any, of any material that may be salvaged from the project and the cost of the work shall be reduced by the value of the salvaged materials . If the value of the salvaged materials exceed the cost of the work, the bid shall provide for payment to the City of the excess value . Any salvaged material shall become the property of the successful bidder. WORK TO BE DONE 1 . Demolition and removal of an approximately 19 ' x 60 ' addition attached to rear of the main building. 2 . Demoliton and removal of an approximately 17 ' x 90 ' addition attached to the south side of the main building. 3 . Demolition and removal of an approximately 16 ' x 30 ' storage shed. 4 . Demolition and removal of an approximately 8 ' .x 12 ' storage shed. 5 . Demolition and removal of an approximately 16 ' x 24 ' uncovered storage rack. SPECIFICATIONS AND CONDITIONS GOVERNING DEMOLITION page 2 The above five items are shown on the sketch identified as EXHIBIT "A Any electrical wiring, water piping or gas piping serving the structures to be demolished shall be disconnected and capped off where wiring or piping enter the main building. Due care shall be exercised by the contractor to prevent damage to the existing main building to which items 1 & 2 are attached. Contractor shall also protect any plant materials in the nursery area from damage . FIRE PREVENTION No material shall be disposed of or burned on the site . During all aspects of the work the successful Contractor shall exercise extreme caution and employ appropriate measures to insure against any structural or grass/brush fire. INVESTIGATION OF SITE Each bidder shall study the specifications . By the submission of his bid the bidder certifies that if he is awarded the contract he will make no claim against the City based upon ignorance of local conditions or misunderstanding of the provisions of the specifications . COMMENCEMENT AND COMPLETION The Contractor has ten (10 ) calendar days in which to begin work, and this 10-day period shall start with the date of the Notice to Proceed. The Contractor shall complete all work in accordance with the specifications to the entire satisfaction of the City within twenty (20 ) calendar days, and this period of time for completion of the work shall also commence with the date of the Notice to Proceed. INSURANCE Contractor shall at all times during the terms of the contract with the City maintain in force the following insurance policies . 1 . Workers Compensation a. Staturatory Compensation coverage b. Employers liability insurance with a limit of not less than $100, 000 per occurrence 2 . Comprehensive General Liability a. Minimum limits of liability $1, 000, 000 per occurrence combined single limit bodily injury and property damage. SPECIFICATIONS AND CONDITIONS GOVERNING DEMOLITION page 3 3 . Comprehensive Automobile Liability a. Minimum limits of liability $1, 000, 000 per occurrence combined single limit bodily injury and property damage. INDEMNITY (Hold Harmless ) The Contractor agrees to defend, indemnify and hold harmless the City of Dublin, its officers, employees, agents and servants for any and all liability caused by the negligence or wrongful act of the Contractor arising out of the performance of this agreement, and to pay all claims, damages, judgements, legal costs, adjuster fees and attorney fees related thereto. GUARANTEE The Contractor shall guarantee his work free from defects in material and workmanship for a period of one year from the date of acceptance and shall agree to replace at his own expense any said defect that may occur within tht time. PERMITS AND LICENSE The Contractor shall give all notices and shall procure and pay for all permits, licenses , etc . , that may be required to commence, carry on and complete the contract. The Contractor shall possess such state and local licenses as are required by law, and shall furnish satisfactory proof to the City upon request, that such licenses are in effect during the entire period of the contract. SANITARY ARRANGEMENTS The Contractor shall make provisions for and maintain in a sanitary manner, at the worksite, all necessary and sanitary conveniences for workers, in accordance with the rules and regulations of CAL/OSHA. DEMOLITION Demolition of the building shall conform to the City of Dublin Building Code and all workmanship shall be in accordance with the best demolition practices known to the trade . No material shall be stored on public rights-of-way or on adjacent properties without arrangement with the owners . SPECIFICATIONS AND CONDITIONS GOVERNING DEMOLITION 4 DUST CONTROL The Contractor shall apply water during his operations by hoses with nozzles that will insure a uniform application of water for laying dust. REMOVAL AND CLEANUP After demolition, the Contractor shall remove all items of construction, equipment and debris . Floor slabs at grade may remain but all foundation bolts or other protrusions above the slab shall be cut off flush with the slab. Removal of debris shall include the removal of all debris caused by the Contractor ' s operations together with all other debris existing on the site . Debris shall be defined as including all waste materials resulting from the Contractor' s operations (including loose or broken concrete or masonry) , and all rubbish and disused items or equipment or furnishings on the premises . Debris shall include all cut or uprooted trees or other vegetation, necessary to be removed as a result of the demolition and removal . Removal of growing trees and shrubs is not required. The Contractor shall uniformly grade the site to eliminate humps and depressions . Acceptance will not be given until the final cleanup and grading has been approved by the City ' s representative . PAYMENT Payment will be made approximately 30 days after final acceptance of the work and receipt of invoice from the Contractor. >3UILI2IA1G , jfl?OCTOREO'- T SL 0 G. A)o. 3 -ter RAC ;. gc.nc,. rU S M a.>v 13y1 L,D IVG Al o. z ��(r�D VA"?OMAK tl. Uc U(iN �1 1 CJl T CITY OF DUBLIN PROPOSAL Contractor agrees to furnish all labor, materials, mechanical workmanship, transportation and services necessary for the demolition of buildings and structures located at 7360 San Ramon Road as set forth in Specification No. 01-86 for the lump sum of $ Contractor certifies that in determining the cost of the work the value of any salvage material has been deducted from the cost of the work. If the value of the salvage material exceeds the cost of the work, the contractor agrees to pay the City the lump sum of The contractor agrees to provide and maintain in force and effect during the term of the Contract all insurance policies set forth in Specification No. 01-86 within 5 days from the award of the contract and agrees to begin work within 10 days from the date of a "Notice to Proceed" and to complete work within 20 days from the date of the "Notice to Proceed. " The contractor agrees to defend, indemnify and hold harmless the City of Dublin, its officers, employees , agents and servants from any and all liability caused by the negligence or wrongful act of the contractor arising out of the performance of this contract and to pay all claims, damages, judgements, legal costs, adjuster fees, and attorney fees related thereto. The contractor acknowledges that the owner of the property has the right to complete the demolition and in the event the owner elects to do the work prior to commencement of the work by the contractor, the contract will be cancelled by the City. Liquidated damages in event of cancellation $ Contractor Contractor ' s License No. Signature Title Date CITY OF DUBLIN SPECIFICATIONS FOR THE REMOVAL OF MERCHANDISE, WARES, BUILDING MATERIALS, LANDSCAPING MATERIAL, SUPPLIES, EQUIPMENT AND PERSONAL PROPERTY FROM THE PROPERTY LOCATED AT 7360 SAN RAMON ROAD, DUBLIN, CALIFORNIA SPECIFICATION NO. 02-86 INTENT It is the intent of these specifications, terms and conditions to describe the removal of the merchandise, wares, building materials, landscaping material supplies, equipment and personal property from the premises and buildings located at 7360 San Ramon Road, Dublin, which are to be demolished pursuant to the Judgement filed in Superior Court of the Sate of California in and for the County of Alameda-Southern Division No. H-192786-2 . Each bidder is hereby notified that the owner of the property may remove merchandise, wares and building materials, landscaping materials, supplies, equipment and personal property and there is nothing to prevent the owner from performing necessary work before the successful bidder begins removal . In the event the owner does complete the work of the contract after the award of the contract but prior to commencement of the work by the successful bidder, the contract will be cancelled by the City. Each bidder shall include in his bid liquidated damages to be charged to the City in the event the City cancels the contract. WORK TO DONE 1 . Remove all merchandise, wares, building materials, landscaping materials, equipment, supplies, personal property from: A. An approximately 19 'x60 ' addition attached to the rear of the main building. B. An approximately 17 'x90 ' addition attached to the south side of the main building. C. An approximately 16 'x30 ' storage shed. D. An approximately 8 'x12 ' storage shed. E. An approximately 16 'x24 ' uncovered storage rack. The above 5 items are shown on the sketch labeled Exhibit "A" . 2 . Remove from the premises all merchandise, wares, building materials, landscaping material equipment, equipment supplies and personal property except plant materials . SPECIFICATIONS AND CONDITIONS GOVERNING DEMOLITION page 2 REMOVAL & STORAGE All material removed from the premises shall be stored in a safe and secure manner in facilites owned and/or operated by the bidder. The City of Dublin will provide the services of a "Keeper" during the removal operations . The City of Dublin will pay the costs of storage for the first month. INVESTIGATION OF SITE Each bidder shall study the specifications . By the submission of his bid the bidder certifies that if he is awarded the contract he will make no claim against the City based upon ignorance of local conditions or misunderstanding of the provisions of the specifications . COMMENCEMENT AND COMPLETION The low bidder has ten (10 ) calendar days in which to begin work, and this 10-day period shall start with the date of the Notice to Proceed. The low bidder shall complete all work in accordance with the specifications to the entire satisfaction of the City within twenty (20 ) calendar days, and this period of time for completion of the work shall also commence with the date of the Notice to Proceed. INSURANCE Contractor shall at all times during the terms of the contract with the City maintain in force the following insurance policies . 1. Workers Compensation a. Staturatory Compensation coverage b. Employers liability insurance with a limit of not less than $100, 000 per occurrence 2 . Comprehensive General Liability a.. Minimum limits of liability $1, 000, 000 per occurrence combined single limit bodily injury and property damage . 3 . Comprehensive Automobile Liability a. Minimum limits of liability $1, 000, 000 per occurrence combined single limit bodily injury and property damage. INDEMNITY (Hold Harmless ) The low bidder agrees to defend, indemnify and hold harmless the City of Dublin, its officers, employees, agents and servants for any and all liability caused by the negligence or wrongful act of 13 U I L 12 I IJ t, - $ STt?OCTURF-5 TO i� 6,L C767- No. S 13LDC NG M �! t 3L�G. NO. Z m f 517 CITY OF DUBLIN PROPOSAL Bidder agrees to furnish all labor, materials, transportation and services necessary for removal of merchandise, wares, building materials, landscaping materials, equipment, supplies and personal property from the buildings and premises located at 7360 San Ramon Road as set forth in Specification No. 02-86 on a time and material basis except the cost to the City shall not exceed $ Actual costs will be based on the following: Estimated No. Rate Cost Cartons for packing @ Packing labor man hours @ Moving into storage hours @ (includes labor & transportation) Storage charge (per month) The bidder agrees to provide and maintain in force and effect during the term of the Contract all insurance policies set forth in Specification No. 02-86 within 5 days from the award of the contract and agrees to begin work within 10 days from the date of a "Notice to Proceed" and to complete work within 20 days from the date of the "Notice to Proceed. " The bidder agrees to defend, indemnify and hold harmless the City of Dublin, its officers, employees, agents and servants from any and all liability caused by the negligence or wrongful act of the contractor arising out of the performance of this contract and to pay all claims, damages, judgements, legal costs, adjuster fees, and attorney fees related thereto. The bidder acknowledges that the owner of the property has the right to complete the removal and in the event the owner elects to do the work prior to commencement of the work by the bidder, the contract will be cancelled by the City. Liquidated damages in event of cancellation $ Bidder Signature Title Date 13 0 IL12 IPC fl?UCT0RF_J TO FNO t t 51.Z� 8L0C. A)o. gc.Dc,. (V a. S . � .C3�LD C. !�l•G 1 M �•N 13(>ILDI NC, NO. Z m � .