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11040141CITY OF CUPERTINO BUILDING PERMIT BUILDING ADDRESS: 10101 N WOLFE RD STE 100 CONTRACTOR: SAN JOSE CONSTRUCTION I PERMIT NO: 1 1040141 OWNER'S NAME: SEARS ROEBUCK AND CO 1 1210 COLEMAN AVE I DATE ISSUED: 09/19/2011 nWNER'S PHONE: 8472867538 L_ LICENSED CONTRACTOR'S DECLARATION License Class Lic. #2��� Contractor �*` Cs"r:!5r Date 1 hereby affirm that I am licensed under the provisions of Ch pter 9 (commencing with Section 7000) of Division 3 of the Business & Professions Code and that my license is in full force and effect. 1 hereby affirm under penalty of perjury one of the following two declarations: I have and will maintain a certifica a of consent to self - insure for Worker's Compensation, as provided for by ection 3700 of the Labor Code, for the performance of the work for which�this permit is issued. I have and will maintain Worker's `F ompensation Insurance, as provided for by Section 3700 of the Labor Code, for the performance of die work for which this permit is issued. I certify that I have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives of this city to enter upon the above mentioned property'' -for inspection purposes. (We) agree to save indemnify and keep harmless the City of Cupertino against liabilities, judgments, costs, and expenses which may acc�ue a st sa City in consequence of the granting of this permit. Additionally e applic t understands and will comply with all non -point so ce regulation per the C pertino Municipal Code, Section 9.18. Signature Date 1 uereby affirm that I am exempt from the Contractor's License Law for one of the following two reasons: I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec.7044, Business & Professions Code) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec.7044, Business & Professions Code). 1 hereby affirm under penalty of perjury one of the following three declarations: I have and will maintain a Certificate of Consent to self - insure for Worker's Compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. I have and will maintain Worker's Compensation Insurance, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. I certify that in the performance of the work for which this permit is issued, 1 shall not employ any person in any manner so as to become subject to the Worker's Compensation laws of California. If, after making this certificate of exemption, I become subject to the Worker's Compensation provisions of the Labor Code, I must forthwith comply with such provisions or this permit shall be deemed revoked. APPLICANT CERTIFICATION I certify that I have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives of this city to enter upon the above mentioned property for inspection purposes. (We) agree to save indemnify and keep harmless the City of Cupertino against liabilities, judgments, costs, and expenses which may accrue against said City in consequence of the gr- -ling of this permit. Additionally, the applicant understands and will comply I non -point source regulations per the Cupertino Municipal Code, Section Date SANTA CLARA, CA 95050 1 PHONE NO: (408)986 -8711 BUILDING PERMIT INFO: BLDG f— ELECT F_ PLUMB F MECH r RESIDENTIAL COMMERCIAL I JOB DESCRIPTION: BAY CLUB ATHLETIC CLUB- TENANT IMPROVEMENT COMMERCIAL RETAIL BUILDING(69,300SQFT) CONVERT TO ATHLETIC CLUB, NEW CAFE, STRUCTURAL,INCLUDES Sq. Ft Floor Area: I Valuation: $10500000 APN Number: 31620080.100 1 Occupancy Type: PERMIT EXPIRES IF WORK IS NOT STARTED WITHIN 180 DAYS OF PERMIT ISSUANCE OR 180 DAYS FROM LAST CALLED INSPECTION. Issued b • Date: RE- ROOFS: All roofs shall be inspected prior to any roofing material being installed. If a roof is installed without first obtaining an inspection, I agree to remove all new materials for inspection. Signature of Applicant:_ Date: ALL ROOF COVERINGS TO BE CLASS "A" OR BETTER HAZARDOUS MATERIALS DISCLOSURE I have read the hazardous materials requirements under Chapter 6.95 of the California Health & Safety Code, Sections 25505, 25533, and 25534. 1 will maintain compliance with the Cupertino Municipal Code, Chapter 9.12 and the Health & Safety Code, Section 25532(a) should 1 store or handle hazardous material. Additionally, should I use equipment or devices which emit hazardous air contaminants as defined by the Bay Area Air Quality Management District I will maintain compliance with the pertino Municipal Code, Chapter 9.12 and the Health & Safety Code, Secti ns 5505, 25533, and 25534. Owner or t thorized agen ' Date:_ CONSTRUCTION LENDING AGENCY 1 hereby affirm that there is a construction lending agency for the performance of «ork's for which this permit is issued (Sec. 3097, Civ C.) Lender's Name Lender's Address ARCHITECT'S DECLARATION 1 understand my plans shall be used as public records. Licensed Profession SEARS HOLDINGS 11D V01V I /O /Gtr Al /» /P 5k- 100 � J. Kai Gibron, Esq. �,6,% Vice President -Real Estate Law and Amt Management - - Sears Holdings Management Corporation 3333 Beverly Road, BC -116B Hoffman Estates, Illinois 60179 Writer's Direct Dial: (847) 286 -9341 Fax: (847) 286 -3803 August 10, 2011 VIA OVERNIGHT MAIL — NEXT DAY DELIVERY Piu Ghosh Associate Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 RECEIVE AUG 11 V BY: RE: Construction Permit for Sears, Roebuck and Co. at Vallco Shopping Mall Dear Ms. Ghosh, As you know, Sears, Roebuck and Co. ( "Sears ") is looking to lease a portion of its Cupertino full -line store to Western Athletic Club. In order to meet the construction timeline for this project, Sears would like to obtain a conditional permit while Sears and the City work through some outstanding items. In consideration for the City of Cupertino agreeing to issue a conditional permit, Sears agrees that: By August 301h, Sears will submit civil drawings showing i) the connections between the ADA path and the sidewalk, including confirming that no digging will be performed in the root zone of the trees; and ii) the correct location of the ADA paths. No work will be done in the right of way until the plans are approved by the City and the City's Consulting Arborist. Sears will use its best efforts to cooperate with the City to finalize the Letter of Credit acceptable to the City Attorney and the Director of Community Development. In light of the above, Sears respectfully requests that the City issue a conditional permit as soon as possible. Should you have any questions, please do not hesitate to contact me. Thank you. Sincp Pely, J. Kal Gib on cc: Dolores Guarnaccia