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901 Camden Avenue +..,,',f..".. .:,",: '" .-:,-. '.',..' d~ i;;;,)~!5*_:8-1f '+j\,L:I'/:1" ~~liAJ0 Lv~/r , " "11 ( '13 OF rllE FABULOUS SANTA CLARA ,TALU!,}T _~~',"'~'llf ~ /: i',CkTH CE:~FRALI\ VEt'-JUE · CAMPBELL, CALIFORNIA 95008 · TELEPHONE (408) 378-8141 o fice of City Attoxney 611 Fixst National Bank Building Apxil 15, 1969 Office of the Shexiff County of Santa Cruz Santa Cruz, California Re: City of Campbell vs. et al - No. 6011, Municipal Court ce S. Kaufman Claxa County, Gentlemen: I am enclosing herewith cop attached, and oxiginal Summons Would you be kind enou Royce S. Kaufman at 101 Gran Also enclosed is for deposit for fee, of Campbell is a pu cient please advis . ompla1nt h Summons bove matter. the defendant Capi~a, California. he sum of $5.00 as and ired, even though City he amount is insuffi- Very truly youxs, r JOS EPH A. BONAClNA JAB:be enclosuxe cc: Mx. Wil . Helms,/ City of Campbell RESOLUTION NO. 2601 BEING A RESOLUTION DECLARING DEFAULT Fon FAILUHE TO CQi,fPLY 1.HTH n'll:'IWVEHENT AGREENENT AND :COND THERr~ON 0 lmEREAS, ~'lilliam G. ~Jr8n, City of C2mpbell's Director of Public ~~rks, has advised the City Council that Royce S. Kaufman has failed and refused to comply vdth the tf.:1:lnS oJ: the agreement made and executed by him \'Jitb City of Campbell on the fiLst day of Mere}l., 19G~, and nlo~e Davt1_cul~:r:l_v the~ l.vov~0ion ya-liri 8 ~~ :, -' - - [;.. CC.l,.JJ.., .1..0__ ;,,"''':J 1..--_tlb [J.-'-Ul to make s tx ect :Lmp'tO\Tements 2nd to keep in effect the co:r:poY. [;tc su:r:ety bond in the principal sum of $2500.00 to insure pexformance of said agreement, and t;'HEREAS) said Eoyce S. Kaufmc1.n has requested and been gi,ven a cancellation of said bond, and notice of such cclncellation ha~; been. g1.ven by Insurance Con,pany of rLn::th Am:"~LJ.c2, and \,"J1IEJ~E1\S, dem"md has been made upon said F~oycc S. Kaufmap to make the street impyovements, and he has f2iled and refused to do so, an e) h'2 and the said bonding ccmpcmy a)~e nO\'7 in default of such agreement and undertaking therefor; 1'10\': TEEI~.EFORE, BE IT P.ESOLVED by ths City Counc:!.l of City of Campbell that said Hoyce S. Kaufman and his corporate surety a:u' in default of thcd.Y Go.ld obligations, and tb,at the City Attorney be, Dnd he i3 he:u::by au th.::n: i:.c8d to to.:ce such f" te1:")3 D.S h(~ c1\:~C,[13 warranted to enforce the said agYeement, and the said bond heleto- f .. h.c ore glven In support tereo~. PASSED AND ADOPTED this 2!:fth clay of February, 1969, by the follm'J:Lng vote: AYES: Councilmen: Chamberlin, Doetsch, I1yde, Rogers, Smeed NOES: Councilmen: None ABSENT: Councilmen: None APPI.'O"'- ,/' /</ (/ . ,VED:' /':'....( ,/, '. ',' -'\'1 i -iii.~-;--~s-:---S~~~d --. Hn)Tc5i----- -------- , /,:' _~1 _/ ATT1-<,sm. ~ / . --- 1- /- O,J 1. -,':":X'_L'5:.!.!-:t;':=:_;::...C:c.~_:f.c.-f2':r.( ..~___._ T.--._______ DorothV revcthan C:tty Clerk I, Dorothy Trevethan, City Clerk of the City of Campbell, do he~,by certify that the attached is a true and correct copy of /~drLu' ~ ,,;(6-17 passed and ad'.ipted at a reg~lal' meeting o t e City Council of the City of Campbell on the /tJl'~( day of , /y.. Clerk ~ "HUB OF I'll E FABULOUS SANTA CLARA" ALLEY!" 75 NORTH CENTRAL AVENUE · CAMPBELL, CALIFORNIA 95008 · TELEPHONE (408) 378-8141 March 31, 1969 Mr. William M. Helms Dept. of Public Works 75 N. Central Avenue Campbell, California Re: City vs. Royce S. Kaufman Dear Mr. Helms: Enclosed herewith is original Complaint in the above matter. Please sign and return to me in the enclosed envelope. Very truly yours, ,/} (' i i j IA. i- ,42. </pi. l-, 0n!...fb--Zr~ CJOs-EPH A. BONACINA ' JAB: be enclosure Royce Kaufman re Bond Re s. No. 2601 FE-=: ~:; - Z. 4 l I The City Attorney reported that the Director of Public Works had informed him that a Mr. Kaufman on Camden Avenue was not com- plying Hith the conditions of the Agreement for improvements and he woulJ. recommend that the Council adopt a resolution declaring Mr. Kaufman in default and the bond in clef2.u1t. Councilman Doetsch proposes and moves that a resolution be adopted declaring Mr. Kaufman in default of the conditions of his agreement and calling his bond in default, seconded by Councilman Hyde and carried by the following vote: AYES: Councilmen: Chamberlin, Doetsch, Hyde, Rogers, Smeed None None ____ t Hearing Officer NOES: Councilmen: ABSENT: Councilmen: Public Works Director P. G. & E. l' crITser- Agreement-Rosemary School Traffic Signal Re s. No. 2602 Claims The City Attorney reported that new Legis- lation is before the Assembly that would require cities and counties to engage the services of a hearing officer in matters such as the City of Campbell had in the matter of the Classy Chassy. If the City wishes to continue as we have been 've s h 0 u 1 d 0 P P 0 set his 1 e g i s I at ion a s the he a r - ing officer would also make the decision on the case. Councilman Doetsch proposes and moves that the City of Campbell oppose this legislation if it is to be imposed upon cities as mandatory procedure, seconded by Councilman Rogers and unanimously adopted. 11 Councilman Hyde proposes and moves that a resolution be adopted authorizing execution of Agreement for Riser to connect the traffic lights at Rosemary School on Hamilton Avenue, seconded by Counei Iman Rogers and carried by the foU ow- ing roll call vote: AYES: Councilmen: Chamberlin, Doetsch, Hyde, Rogers, Smced NOES: Councilmen: None ABSENT: Councilmen: None Councilman Rogers proposes and moves that the claims as audited be approved and paid, seconded by Councilman Doetsch and carried hy the following vote: -9- '1 I I I j February 3, 1969 Mr. Royce S. Kaufmann 101 Grand Avenue Capitola, California RE: street Improvement Construction 901 Camden Avenue g2'.JUpbell, Ca,lifornia _____- Dear Mr. Kaufmann: Reference is n~de to that certain Agreement entered into between yourself and the City of Campbell dated March 1, 1963 and recorded in Book 5945. Page 739, Official Records of Santa Clara County. In accordance with the provision~ of pnragraph (3), page (1) of the aforementioned Agreement, and pursuant to action of the City Council on January 27, 1969, you are hereby directed to renew the F;~ithful Perfornlance aond or commence construction of the street improvements as described in said Agreement, prior to Feoruary 16. 1969. Failure to comply with this direction will cause the city to secure perfOrTIlanCe from the Insurance Company of North America as issuers of the Faithful Performance Bond. Very tru1y yours, WILLIAM G . WREN , DIRECTOR OF PtJBLjC WORKS ay Bill M. ~. Associate Civil Engineer BMH:cc cc: City Mana'1er city Attorney c. -~~ I ,\' " \'--- "'-- \ .-\--- ~"\....,-~ \,-'....\ "HUB OF THE FABULOUS SANTA CLARA VALLEY!" 75 NORTH CENTRAL AVENUE · CAMPBELL, CALIFORNIA 95008 · TELEPHONE (408) 378-8141 Office of the City Attorney 611 First National Bank Bldg. San Jose, Calif. 95113 292-1722 January 30, 1969 William G. Wren, Director of Public Works 75 N. Central Avenue Campbell, California ATTN: Bill M. Helms, Associate Civil Engineer Re: Street Improvement Bond, 901 Camden Avenue Royce S. Kaufmann Dear Bill: In connection with the above matter, reference is made to paragraph (3), page one of the agreement. In order that the bond may be declared in default, it would be my opinion that a demand for performance should be made upon Mr. Kaufmann, and performance should begin prior to the expiration date of the bond. If he refuses to do so, then I must put the bonding company on notice, as provided by the new order of the City Council, Monday, January 27th. You should therefore contact Mr. Kaufmann promptly, and if he tells you that he refuses to put in the improvements as called for by the agreement, I will notify the bonding company at once of the default. JAB: be cc: Robert C. Stephens Very truly yours, ~B~-- January 27, 1969 M E M 0 - - -- TO: William G. Wren, Director of Public Works FROM: Bill M. Helms, Associate Civil Engineer SUBJECT: Street Improvement Bond 901 Camden Avenue Royce S. Kaufmann On March 1, 1963, the attached agreement was entered into by Royce S. Kaufmann and the City of Campbell. This Agreement was required pursuant to the Planning Commission's conditions of approval of the warehouse at 901 Camden Avenue. The Performance Bond has been continued in effect inasmuch as attempts to create an assessment district for street improvements have not been successful to date. Mr. Kaufmann has given the City a 30-day notice, effective January 16, 1969, of his intention to withdraw the Bond. The City must call upon the Bonding Company to pay for the improvements at this time or relinquish any hold upon Mr. Kaufmann in this connection. Respectfully submitted, &~ ;1JL---- ,v~Wi' M. Helms, Associate Civil Engineer BMH:cc Attachment .. . a .... b II) - - o b (t) .~.. , ..1.... · ROYCES" KAUFMANN It ux O.R.5500/268 N 8304" 50 W'SS.9S' '75.00' '" " lilt a) .. w 3!t{ I.P. Rls 125/3Z LAND TO BE 5'Rf\NTEp TO Tjj,E CiTY OF C.AMPBELL r-' -1 Land to be granted to City LIJ '> . <t I "Y., Z IJJ o :E <( o ~ ~) I III 1\ II t Pre oared bv the Cff!c;:~ of jhe Ci'lv I EngloeN, Campbei;, COiifof'll;o' I DRay J. J. 4, CHK ~ ! _._._.__.___,..._____~~_..___ ...... "'_ ....__~.<.P_........._" "..,_..._._,...J; '" .!.+} COHD 1TION5 ATTACHED TO- "5" APPROVAL OF PLANS OF KING HOMES, INC. FOR WAREHOUSE TO BE LOCATED AT 901 CAMDEN AVENUE, BY CAMPBELL PLANNING COKKISSION IN REGULAR MEET- ING HELD ON FEBRUARY 19, 1963: . 1. Applicant to sign agreement to enter into future assessment district for this area. 2. Dedication to Camden Avenue Plan Line. (33' setback from centerline) 3. Storm Drain fee in amount of $550.00 CAMPBEll PLANNING COMHISSIO~ 1;'.7~~~ 4~4/; I:?C t - $'l 1fI/~0? jJ4C; jt}~ 2/5"' 7~.5~ of?. 57~1!~(.~ H 6.A /1; /f~ G O,7~/";C Application No. 240281 ~ r EXHlljIT A All that certain re~1 property situate in the City of Campbell, County of S~nta Clara, state of California, described as follows bEGINNING at a point in the Westerly line of Camden Avenue, at the Southeasterly corner of that certain 11.74 acre tract of land described in the Deed from Robert Dunne et ux, to Harry F. Evans, dated October ~l, 1919, recorded November 1, 1919 in Book 498 of Deeds, page 97, Santa Clora County Records; thence from said point of beginning North 00 OS' West alony the s~id Westerly line of Camden Avenue for a distance of ~~-00 feet: thence leaving s aid lost mentioned line and runnin) South 8'~0 :," ~est 174.20 feet to the point of intersection thereof with the Northerly prolongation of the Westerly line of that certain u:, of Idnd described in the Deed from Robert C. Herschbuch et ux, to Russell J. Haggard et ux, dated September 16, 1946, recorde~ December '27, 1946 in Book 139S Official Records, pdge 417, ':.)Unt. Clara County Records: thence South 00 OS' East along s~id prolongation for a distance of 181.00 feet to the Northwesterl: corner of land so described in the Deed to said Ho(J'0ur:::l; thence South 830 461 40" East along the Northerly line of lc:..ncl so described in the Deed to said Haggard, also being the South8rly line of said 11.74 acre tract for a distance of 17S.00 fect to the point of beginning, and being ~ portion of Sections 34 dnd 3S. Township 7 South, Range 1 West, M.D.B. & M. ''\ \) ~ h ~ )~S\\\ /- ~ pn.c. E. L \ DJ O.'1(P1 1::.(..1- ...... ,. , ; / ~v E. Y1( I N I T;V . ill ::>- <t:: :::z . u.J D :e -c::t! Ii M~P N 0 ~1 * Irdt:-j~1 ~ t~ // - RECEIPT CITY OF" CAMPBELL CAMPBELL. CALIFORNIA / ~ 19 t-j ;' L-:f~Y/' I c.y /L-~c { ?N,,;{ h_ __ " :-;cJ~-.I V /;;f7,{tC ll' .~). I;:;:)Y/ .' .7 Name Address RECEIVED Do ars s. J tJ:.Z c.-y'\:'C; ~. . ~HECK t.. _// rASH ,.. .' FOR/r/I?"~f - -.~"i/(<"J :J <._ ..~,./ / JI .. _ ft.~-"j.\.- , :t:t fC c' ':',., (<i((, /1'" Cents $ ~J7) ._,f: I'~t:., ]NC. ~ /.i:;-t:;;/. J 6345 ~. Thank you, ._6T~ 0.. F7Z"~' -.</ ~/ /~'.'" '1?'_ By ,/ / /' l.t (