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30 S. Central Ave. (73-14) ~ A P r 11 21 ,1976 " ~ Transportation Agency County of Santa Clara 1555 Be rge r Drive. San J<;>se, California Attention: Mr. Don Hodges Ro: Campbell Loop (Becker property) Dear Don: II I have discussed with my clients. Mr. and 'Mrs., Stan- ley Boeker, the City of Campbell's ofter of $100,000. They have instructed me to make a counter-ofler as follows: If they receive the sum of $110,000, in addition to permission for their tenant, t. e. The Bodega, or any successor in interest. to have the use of the property across the tracks for the tuBal. term of the ninety-nine year lease, at no oost to the Beokers. then they would be wUl1ng to settle. It would be understood that the City would develop the property a01'OSS the tracks to;: parking purposes at~the City's cost. Otherwise, they would prefer the City to realign the street so no portion of their property Is taken. Sincerely, ;¡, - Michael Atherton MA: ebb ces Mr. and Mrs. Stanle)' Becker "HUB OF TilE. FABULOUS SANTA CLARA VALLEr!" 75 NORTH CENTRAL AVENUE. CAMPBELL, CALIFORNIA 95008. TELEPHONE (408) 378-8141 October 22, 1975 Mr. Stan Becker Becker Food Company P. O. Box 337 Campbe11, CA 95008 . Dear Mr. Becker: This 1etter is in response to your recent inquiry concerning a lease of approximately 7,000 square feet of your building on Central Avenue for the purpose of opening a retail produce or farmers. market. P1ease be advised that it will be necessary to process a Planned Development application for the proposed use. The staff has no authority to approve such uses without consideration and action by the Planning Commission and City Counci 1. The staff, as well as the Commission and' Council, will work with you in order to process the application as quickly as possible and you may wish to request that a special meeting be held in order to reduce the processing time which now exists for a Planned Development permit. , am enclosing a Planned Development application for your review, and if you have any questions concerning the above information or the application please call. jl4~ ARTHUR A. KEE ' Planning Director 11\;" ¡ !,~.\l TO & DATE pka enclosure WClH ------------_. -_t~ 1'";'0. . - . ~ l,.".. " --.~-_.. -.--- . n_- - --.--.-.-..-- ----- F,! -----.--.---- -.--.------ cc; R?bert Stephens? City Manager ;;;-- BI,) 1 Wren, Oi rector of Publ ic ~~orks' J, Robert Dempster, City Attorney -.----------.-- ---------- - -- .---------- .----.---. --.---I---------------~= -_..._._---_._--}W~...._-- ¡-.- . It:' V"" / . fLL/. .- D: (' ~~T~-=--í)- cc: Robert Stephens City Mgr. Bill wr Public Works Dept. " BECKER FOO~S COMPANY P.O. BOX 337 Campbell, Calif. 95008 10/8/75 Mr. Arthur Kee Planning Department Campbell, Calif. 95008 Dear Sir: I have been approached with an offer to lease a 7,000 sq.ft. ground rloor room facing Central Avenue, for the purpose of opening a retail produce or farmer's market. I am well aware of the gravity of the parking situation in this particular area, however, I should like to point out to you and the City Council members that the daytime business be- tween th~ Factory and my facility leaves a lotto be desired. In as far as the parking district seems to be growing nearer to a final reality I would respectfully ask of you and the City Council to allow this farmer's market to open in order that I may afford to pay my parking district assesment. Time is of the essence in this matter as my principles have their eyes on two more sites, one in ~arin County and one in Carmel. Therefore. I would appreciate an answer at your earliest convenience. Re;¡;;::. ~ SB/mr stan Becker STEINBOCK AND HOFMANN ~ ~ið- ATTORNEYS AT LAW DAVID J HOFMANN PHilliP M. STEINBOCK August 22, 1974 1666 THE ALAMEDA SAN JOSE, CALIFORNIA 95126 TELEPHONE (4081287 -5400 Ronald L. Cheek Assistant Civil Engineer City of Campbell 75 North Central Avenue Campbell, CA 95008 Re: Use Permit 73-l4,~ 30 Central Avenue Dear Mr. Cheek: As you may recall several weeks ago I indicated to you that this office represents Stan Becker relative to Use Permit 73-14. An appointment was scheduled for August 27, 1974. I expected to receive by this time some response to inquiries I have made to the City Attorney. As of this date, I have not received a response and wish to pursue that matter prior to our meeting. I would, therefore, not meet with you on the date scheduled, but hope to be in contact with you in the near future. Thank you. Very truly ýQl1~~' *.~ \, .'/-'" ", \ t, I' ~~'N"¿~,:S~" r-/---- DAVID J. HOFMANN .-'-,.,.-----, . DJH/nm cc: Stan Becker - - 1 July 16, 1974 Mr. Stanley Becker 30 Central Avenue Campbell, California 95008 Use Permit 73-14, 30 Central Avenue RE: Dear Mr. Becker: Enclosed please find copies of the Agreement and the street dedication as required by City Council Resolution No. 3643, Items H. and I. This office will reauire two signed and notarized copies of each document. Also enclosed please find forms for the bond cålled for in Paragraph (8) of the Agreement. A parcel map of the subject property is called for in the Resolution (Item G.) and the Agreement (Paragraph 1). The storm drainage area fee for the property is $919.00. The plan examination and construction inspection fee, for the off-site improvements, is $1,004.00. Very truly yours, BILL M. HELMS, ASSOCIATE CIVIL ENGINEER cc: Mr. David Hofmann ~. By Ronald L. Cheek, Assistant CiV. il Engi1e[,".~ ¡ \;;L TO & DATE ¡ --- V.' G W ..,..,.,.- ! BMH --~..':: "~\~-~.:=~~~' FTt "---.--....-- j-- RLC:ls Enclosures . .'..""'. -... ._..'._--'. . '. . ".'_.." ..-. .............-.,... ..- ..-'.-.--....'" --..--., ._---_.., F.I..¿ .......... ........ .... ..-- ¡., -}A~': . (){('l A G R E E!1 E N T THIS AGREEMENT, made and entered into this day of , 19__, by and between S'I'ANLEY BECKER and MARJORIE RUTH BECKER, his' wife, as ioint tenants , hereinafter as "OWners", and the CITY OF CAMPB~LL, a municipal of the County of Santa Clara, State of California, referred to as "City". referred to corporvtion hereinafter WITNESSETH: WHEREAS, Owners did heretofore on---~_une 11 , 19~--, apply to City for a use permi.t in order to~stsl=--- blish a parking lot upon that certain revl property described by that certain Corporation Grant Deed recorded Janua.ry 7 ,19~_, and filed in Book 8392 of Official Records at page 528 of the County Recorder of the County of Santa Clara, State of California, which property is hereintlfter referred to as "said real property"; and, MjEREAS, at its regular meeting hel~ January 28 19~, said City did consider said application and grant its approval thereon subject to certain conditions thereof as con- tained in Resolution No. 3643 ; NOW, THEREFORE,. IT' IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) It is agreed t,o that Owners are required to prepare and/or cause to be prepared a parcel map based upon a field survey and/or record data in accordance \vi th the prov i- sions of the Subdivision Map Act of the State of California, which parcel map shall be prepared by a licensed lanc3 surveyor or registered civil engineer and which map shall be submitt:ed to the City Engineer of City for examination, approval and recordation within thirty (30) days from U1e date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay Cit7 the sum of---- SEVEN'1'Y -5 IX.--------------------- -----------------,- .--- DOLLl\RS C~76. 00------) for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide, construct and/or install at their OvlJ:1 proper rr:.ost and expené;c npon.__s...ent,ral Avenue throÜghout the JLrontag>3 of said real property public street improvements col1.s:Est:ing of, but. not limited to, the following:. " 1 of 6 - ì ... ... FIRST: Provide and construct City of Campbell standard curb and gutter, commercial sidewalk and driveway approaches, consisting of Portland Cement Concrete, as shown upon the ~provement plans for said real property approved by the City Engineer of City. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic concrete surface course or approved equivalent in accordance with sai4 approved ~provement plans. THIRD: Provide and construct City of Campbell standard storm water inlets, storm sewer manholes, storm sewer mains and laterals as shown upon said improvement plans. FOURTH: Grade said real property in accordance with approved building plans. FIFTH: Provide and install City of Campbell standard st;oeet monument box, street name signs and sign posts therefor as shown upon said improvement plans. SIXTH: Provide and install City of Campbell standard street light steel poles, with upsweep bracket arms, luminaires, with inã~vidual integral photoelectric cells, electrical underground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said City Engineer. SEVENTH: Provide and plant street trees of a variety and size as shown upon the plans and as approved by said City Engineer. 2 of 6 (3) It is further agreed to that Ovmers shall prov~de and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. ' (4) It is further. agreed to that all of said improvements shall be constructed and/ër installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so: provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this .i\greement within the said period of twelve (12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements a.nd recover the full cost and expense thereof from Ovmers. (5) It is further agreed to that Ovmers shall prepare or cause to be prepared at their cost and expen'se improvemeni~ plans for t,he construction and/or installati'OIl of said public street improvement~ ~lich plans shall be prepared by a civil engineer licensed by the State of California, which plans shall be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer' when Owners are so notified by said City Engineer. (6) It is further agreed to that the construction work of the improvements embraced by this ¡,g).oeement shall be done in accordance with the Standard Specifications of the Depart- ment of Public Works, Division of Highways, State of California, dated January, 1973, and in accordance with the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words "Division of Hig'hways" are mentioned in the State Specifications, ft shall be consi- dered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is iDentioned, it shall be considered as referring to the City Enginæer. In case of conflict between the State S-pecifications and the Specifications of the City of Campb(~ll aJrd Sanitation District No. 4. of Santa Clara County, t,he Specifications of the City of Campbell êind Sanitation District No.4 of Santa Clara County shall take precedence over and:bB used in lieu of such conflicting portions. (7) It is f~rUlC.r agreed to that O\Vner:~ shall deposit with City, upon execution of this Agreement, for office exa- mination of improvement plans, field inspectijon of construction ~f improvements and all necessary expenses ~curred by City in connection \\' i th said improvemèn ts and aU ncressary expensE:s 3 of 6 incurred by City in connection with said real. property the sum of ONE THOUSÞ.~"'D FOUR-------.--.,--------------------':"---------;---- --------------------------------------- DOLLARS - ($1,004 - 00---:..:;) . (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of- TWENTY-EIGHT THOUSAND SEVEN kIUNDRED------------------_..:.-=-=.=- DOLIJIHS ($28,700.00--.} to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct any defect which may appear in said work within one (1) year from the date of acceptance of the work by City and pay for any damage to other war): resulting from -the construction thereof, as well as p<1ying the cost of all labor and materials involved. This bond shé1l1 remain in full force and effect until one\ (1) year after c1a te of final acceptance 6f said improvements. (9) It is further agreed to that Cit.y reserves the right. to revise storm drain design shown on approved improvement plans provided Owners are given reasonable written notice of City's int~ention to make revisions. Reimbursement a.rnount will be adjusted by difference bet';,\1een revised storm design and pre- sently approved storm design, in accordance \<lith City of Campbell Storm Fee Schedule. (10) It is furU1~r agreed to City to do so, Owners will execute of any special assessment óistrict special assessment act as provided .Code of the State of California. that v.1hen called upon by a petition for the formation created pursuant to any in the Streets. and High':;ays (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Ovm(~rs contained in this Agreement that are acco:nplished to the satis- faction of said City Engineer by said special assessment district shall be considered null and void. . (12) It ,is furt:her agreed t-o that Ol\!ner~'7 shall file \~'ith City, upon execution of this Agreement, a letter, from said Sanitation District No.. 4 of Sant~a Clara COU1:!ty stating that Owners have entered into an agreement \vit1J U:¡e said Distr ict No.4 to install sanitary sewers to serve saì~' real property, and stating that a. bon'd to insure full and faithful perfoDnance of the constructiQD of the sanit-.<lry se\"'ers anj to insure the general gt13rantee as stated below in para9raph (14) has been filed. 4 of 6 (13) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- 1iers within said 'real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the ~aid fees are due and payable. (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into,such agreement as required by Campbell 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. (15) It is further agreed to that any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, O\'lJ1erS shall deposit or cause to bé deposited with City a sum cover- ing the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with City. (16) It is further agreed to that Owners shall carry out any and all negotiations with all intJ".restcd parties and shall perform or cause to be performed at their own cost..:. and expense and .to the satisfaction of the City Engineer any and all work required to abandon, ,remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. .' (17) It is further agreed to that the storm drainage area fee in connection with,said real property and in conformance with the requirements established by Section 9110.5 of the Campbell Municipal Code is in the amount of--BI~E-B-UN~-RED---- NINETEEN-----------------------------DOL~~P~ (§g19.GQ--~}. (18) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other. officers or employees' of City from any suits, claims or actions brought by any per-- son for or on account of any injuries or dè1l1uges to persons or property sustained or arising in the construction of the on- site work due to any acts, omissions or neg~gence of Owners, their officers, agents, employees or contractors. (19) It is further agreed to that the :J)ove-named terms and conditions sl1<111 bind the heirs, success(i'ZS, administrators or assigns of Owners. 5 of 6 (20) Ihis instrument is and shall be considered to be an instrument affecting the right, title, interest in or.posses- sion of the real property hereinabove described. IN WITNESS WHEREOF, said City has caused its name to b,e hereunto affixed by its M~yor and City Clerk, thereunto duly authorized by resolution 6f the City Council, and said Owners have hereunto caused their 'names to be affixed the day and year first above written. .' CITY OF CAMPBELL Mayor City Clerk OWNERS Stanley Becker Marjorie Ruth Becker I (Notary Certificate) 6 of 6 ,5.00 EAST 30' Parc.d FDur BK. 83QZ O.R, P<j, 5Zß ~ 52.'1 lll ::::> :z LLJ > « .' , . , . " . :,:::,: ,", . ...:..' " , " :'" " ' '. '." ' . 0 " 0 . ,,", " -1 « It' IC a~'JI? f- o;r I.{I ~ ;:3 z 'j? ~!J ÏE ~ ~ ~ ',: : : ,:::::" :,:' .. ':.: ':, ',':' ,:," :' ':. , ',,' " , ",' ~ .:\.: J .. . 00 <: <r) .' '. .' :,:",: , '.. 0 t", "~" ' . . . '. .. SCALE: r ~ 5(J P,O. ß, I " ILo", to". "."t.' to CI t, Contain. 0,04\ AC.! Pr.po,.d b, tM OfficI of th. tIt, E"II"..,. C..pb.lI. Calif.,... CITY ENGINEER'S CONSTRUCTION COST ESTIMATE FOR BECKER - 30 CENTRAL AVENUE UP 73-14 S.CMB. (51) 1. C1earinq and Grubbinq: 2. a. AC removal: 892 sq. yd. @ $2.00 503 sq. yd. @ $2.25 b. PCC removal: c. (See Attached): L.S. @ $2,000.00 Storm Drainaqe System: 12" RCP, Class 80 1in. ft. @ $15.00 290 1in. ft. @ $15.00 = 4,350 + 2 a. b. 15" RCP, Class c. Standard manhole: 2 @ $500.00 = 1,000.00 .;. 2 d. 2 @ $600.00 Type II drop inlet: 3. Earthwork: 8,350 = 309 cu. Yd. @ $5.00 27 4. Underqround Street Liqhtinq System: a. 1 1/2" rigid galvanized metal conduit with two #8 AWG solid copper conductors: 350 1in. ft. @ $4.25 b. State #3 1/2 pull box: 1 @ $45.00 C. 175-watt, Mercury Vapor, IES Type II e1ectro1ier, with photoelectric cell, 240-vo1t: 2 @ $750.00 = $ 1,784.00 = 1,132.00 = 2,000.00 = 1,200.00 = 2,175.00 = 500.00 = 1,200.00 = 1,545.00 = 1,488.00 45.00 = = 1,500.00 5. 6. 7. Concrete Construction: a. Class A, PCC curb and gutter: 367 lin. ft. @ $4.00 = 1,468.00 b. Class A, PCC commercial sidewalk: 2,860 sq. ft. @ $1.00 = 2,860.00 c. Class A, PCC commercial driveway approach: 627 sq. ft. @ $1.25 = 784.00 street Construction: a. Class 2 A.B., 1 1/2" max.: (6,840 sq. ft.) (0.583) (0.07) = 279 tons @ $6.00 = 1,674.00 b. AC pavement, Type B: (6,840 sq. ft.) (0.333) (0.075) = 171 tons @ $19.50 = 3,335.00 Misc. Surface Improvements: a. City monument boxes: 1 @ $60.00 = 60.00 b. Street trees, five-gallon size: 6 @ $24.00 = 144.00 c. Signs and posts: = 58.00 1 street name with post Sub Tota 1 : 15% Contingencies: $ 24,952.00 3,743.00 $ 28,695.00 TOTAL: 1. Use $28,700.00 for bond amount. 2. Plan examination and construction inspection fee is $1,004.00. 3. Storm drainage area fee is $919.00 (1.201) (765). Prepared By: Lawrence C. Versaw, July 9, 1974 (ìJ~ ri'. / .,1. .' I , /v STEINBOCK AND HOFMANN ATTORNEYS AT LAW DAVID J, HOFMANN PHILLIP M. STEINBOCK June 24, 1974 1666 THE ALAMEDA SAN JOSE, CALIFORNIA 95126 TELEPHONE' (4081 287 -5400 Mr. Bill Helms Associate Civil Engineer City of Campbell 75 N. Central Avenue Campbell, CA 95008 Re: Stan Becker Use Permit 73-14 Dear Bill: As you may recall, this office represents Stan Becker relative to Resolution 3643, relative to the development of parking facilities adjacent to the Bodega Restaurant. I have referred several of the questions which we discussed on the 19th to Bob Dempster for his consideration. I thought it important to confirm with you, however, that you will be forwarding to my client the proposed Agreement for future street improvements on Central Avenue pursuant to Item H of the Resolution. If there are any questions in this matter, please advise. Thank you. Very truly yo~rs, -",-,.... \~ r-./-~._"'" ! . . " ,,\ /1 ì~"':> h.:L'\v \\ ¿ DAVID J. HOFMA'NN' , \"\ --,.,...,,_.' -.. \~\ '",) -----,-- - DJH:bas cc: Stan Becker