250 E. Hacienda Ave. (80-18)
MEMORANDUM
CITY OF CAMPBELL
To:
BUILDING DEPARTMENT
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Date: I\,;'v i
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From:
PUBLIC WORKS DEPARTMENT
Su~ect: PUBLIC WORKS DEPARTMENT REQUIREMENTS
----------------------------------------------------------
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The requirements of the Public Works Department have been satisfied for
the following development:
APPLICANT ',' ' "
,
BUILDING ADDRESS ¿~ " r
COUNTY ASSESSOR'S
PARCEL NUMBER
APPROVAL NUMBER
PUBLIC WORKS FILE NUMBER
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JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
By.. ,r"'f,'/ <'r,r...,
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Date:
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70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
HELlv'\S
CITY OF CAMPBEll
-".
VALKENAAR 1~1DiSCARD
DIAz. I¡FlLE
Department:
MAt~LEY
Public Works
PENOYER
December 3, 1987
u-se
Jerry L.. pettegre~, Project Manager
.. . ..
South Bay Construct1on
511 Division Street
Campbell, CA 95008
Subject:
City Council Acceptance
Hacienda at Winchester Intersection Widening
Gentlemen:
The City Council on November 17, 1987 adopted Resolution No. 7467
accepting street imporvements at the Southeast quadrant of Hacienda
Avenue and Winchester Boulevard. Copies of the Resolution and the
Notice of Completion are enclosed for your files.
If you need additional information, call me at (408) 866~2l52.
Sincerely,
Charlene M. Case
Administrative Aide
CMC/dz;
Enclosure
..
RESOLUTION NO.
7467
BEING A RESOLUTION ACCEPTING STREET IM-
PROVEMENTS AT THE SOUTHEAST QUADRANT OF
HACIENDA AVENUE AND WINCHESTER BOULEVARD
WHEREAS the City Council has been advised by the City Engineer that all
street improvements at the southeast quadrant of Hacienda Avenue and
Winchester Boulevard have been completed in accordance with that agreement
entered into November 25, 1980; and
WHEREAS the City Engineer recommends acceptance of said street
improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the street
improvements at the southeast quadrant of Hacienda Avenue and Winchester
Boulevard are hereby accepted, and that the City Engineer is hereby
ordered to record a Notice of Completion of said street improvements.
PASSED AND ADOPTED this
by the following vote:
17th
day of
November
, 1987,
NOES:
Councilmembers:
Kotowski, Doetsch, Ashworth, Watson, Podgorse~
None
AYES:
Councilmembers:
ABSENT:
Councilmembers:
None
APPROVED:
(j)~1' ~~
William R. Podgorsek ¿l Mayor
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COpy OF THE ORIGINAL
ON FILE IN THIS OFFICE.
ATTEST: BARBAR/I O!..SASKY, CITY CLERK,
CITY OF CAMPBELL, CALIFORNIA. " Q
BY ~)¡ lJ.lJJ 0 ~ {)O~ (f
DATED J J i /-.0 jg7
. ,
NOTICE OF COMPLETION
NOTICE is hereby given that Cit~ of Campbell as Owner and Donald C.
Wimberly the undersigned, as City Engineer caused street improvements to
be constructed upon the property hereinafter described.
That the work on said street improvements was actually accepted on
the 17th day of November, 1987.
That the name of the Contractor for said Owner is South Bay
Construction.
That the nature of title of said City to said street improvements is
that of Owner in fee simple, and the names and addresses of all Owners of
said property are:
City of Campbell
70 North First Street
Campbell, Ca 95008
That the property herein referred to and on which said street
improvements are located is situated in the City of Campbell, County of
Santa Clara, State of California and described as follows:
Hacienda Avenue at Winchester Boulevard Intersection Widening
and having the following address:
N/A
Dated:
November 30, 1987
gineer
STATE OF CALIFORNIA
SSe
COUNTY OF SANTA CLARA
I, Donald C. Wimberly, being duly sworn, says: That I am the City
Engineer for said City of Campbell, the Owner of the property described in
the foregoing Notice; that I have read the foregoing Notice, and know the
contents thereof; and the facts therein stated are true of my own
knowledge. .
"', ~\
)vI t~ ¿J (J{ \.\~~r<-rl-..
Donald C. Wimberly; City E gineer
Subscribed and sworn to before me
this 1st day of December, 1987
e'i~ 7J1.~
Notary Public in and for said County
of Santa Clara, State of California.
OFFiCIAL SEAL
CHARLENE M. CASE
Notary Pul:.llc..{:alifornla
SANTA CLARA COUNTY
My Comm. Exp. Oct. 12. 1991
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408> 866-2114
DATE
10/2H/8£.
SOUTH BAY CONSTRUCTION COMPANY
3510. ;::
511 DIVISION STREET
INVOICE #
3514
CAMPBELL CA 9500B
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DESCRIPTION
(4MnUN-í
CDUTS FOR WIDE,!\iTNG H?:iCIE!\H):> I;' It-JINLH[STF:,!:J
(nLEASF SEE ~TTACHED DErAIL)
!F.
;::: :;; 13 b" 1 i.'
---,----..--.-
TOTAL
$
E:38(". 1 (.
---""'----'-
'.--' -""-"".. '....-
PLEASE MAKE CHECK PAYABLE Tn CITY OF CAMPBELL.
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CITY OF CAMPBEll
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70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
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Department:
Public Works
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, fA R.fI:. August 1, 1985
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Mr. John R. Krug
Pacific Gas & Electric Company
10900 North Blaney Avenue
Cupertino, CA 95014
SUBJECT:
SOUTH BAY CONSTRUCTION COMPANY - 250 EAST HACIENDA AVENUE -
PARR 139 - EXCAVATION PERMIT #85-200
Dear Mr. Krug':
Enclosed please find a copy of the plans for reconstruction at Hacienda Avenue
and Winchester Boulevard.
The City of Campbell has advised the developer, South Bay Construction Company,
to proceed with construction at this time. Any additional delay would jeopar-
dize the availability of the Southern Pacific Transportation Company's crew to
accomplish their needed activities in conjunction with the proposed construc-
tion.
It is our understanding that there are utility facilities that need to be re-
located as a consequence of the construction. We ask you to relocate them at
the earliest time possible. Construction offsets and grades will be provided
by the developer's engineer.
Because of the 1 imited availability of the Southern Pacific construction crew,
it will be necessary for the developer to proceed with his offsite improvements
prior to the completion of this relocation of your facilities. The City will
make every effort to insure that your facilities are protected as much as pos-
sible until you are able to relocate them,
Please advise us of your relocation schedule at your earliest convenience.
Very truly yours,
Joseph Ell iott
Director of Public Works
CSG/le
cc:
South Bay Construction Company, Attention: Jerry L. Pettegrew
Southern Pacific Transportation Company, Attention: Keith Steward
Excavation Permit #85-200
Parr 139
South Bey ConltNction 1& Development Cornpeny
July 24, 1985
P. G. & E.
10900 N. Blaney Avenue
Cupertino, California 95014
Attention:
John Krug
Re:
Winchester and Hacienda Street Improvements.
Dear Sir:
Per our conversation, P. G. & E. will not be able to start
construction due to the recent fire. I am enclosing a con-
struction schedule and ask that you reply in writing as to
when P. G. & E. will be able to start their portion of the
job.
If you have any questions, please feel free to contact me.
Very truly yours,
b.:~
Project Manager
JLP/jag
Enclosure:
cc¡
Bill Jury
Roger Dennis
511 Division Street. Campbell, Califomi8 95008 . 408/37&-0400 . Lic. B 1 -364393
PACIFIC
GAS AND
ELECTRIC
COMPANY
JJD (ß. ~ 1E
.+
10900 NO, BLANEY AVENUE. CUPERTINO, CALIFORNIA 95014 . (408) 973.8930
July 30, 1985
~UL 311985
Mr. Jerry L. Pettegrew
South Bay Construction
511 Division Street
Campbell, CA 95008
REFERENCE:
Winchester & Hacienda Street Improvements
41E & G88847
Dear Mr. Pettegrew:
The construction schedule you requested in your July 24 letter is as
fo 11 ows :
Gas vent pipe relocation- approximately October 11,1985.
1 )
2)
Electric splice box relocation - approximately October 18, 1985.
These schedules are tentative pending the obtaining of any necessary
permit from the City of Campbell and the railroad.
If you have further questions concerning the scheduling, please contact
our Los Gatos Office at (408) 354-3122.
Sincerely,
~.~
Commercial Representative
MEMORANDUM
CITY OF CAMPBELL
October 6, 1986
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Et~~ ' !'-~~':':=,=-,WG_-
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From" Cruz Gomez H':',r-.'15 ..' I "=",,,.. ".--..e.' ,
. Assistant Civil Engineer t '. \:-:)~:~=;;--
Sub;oct' SOUTH BAY CONSTRUCTION COMPANY STATEMENT ~'~;'----, ,-\=.':,.,:,~:;~=J=l
F7=.n-0- ~~,çolYT\J. ~'"1 CC~4'.e.o. .i I,
'")..~ eo. ~lE-U~ JS-"-l~. \ CASE L..: J.---,
.. - - - - - - - - - - - - - - - - - - ~.- - - - - - - - - - - - - - - - - - - - _6- - - -\:~J!= - - - - - r--~-L-\' -
-: I: ,
Please send statement to: South Bay Construction Compan , 511- -~~:':'.,~:'.~°.!2..-_.L..-,
Street, Campbell, CA 95008, for the amount of $2,386.10 '~ to Clty.
That amount represents costs incurred by Southern Pacific Transportation
Company due to widening at southeast corner of Hacienda Avenue and
Winchester Boulevard. '
To:
Geoff Whittaker
Finance Director
Date:
That amount is to be set aside by City to pay the Southern Pacific
Transportation Company.
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Please let this department know when you are in receipt of the money.
CSG:lj
Attach.
RECEIVE
OCT 3 - 1986 .
BILL COLLECTIBLE /) /
Bill No. 0 1/l 7 N Þ
Quote above number when remitting
PiM1GINAL
S-13G-P (5PT)
REV. 3.80
(A.A.R. 206)
q13~
O~
July) '8b
Dept No.
J"u.Ly ~Ii
TO SOUfHERN P AcmC TltJ\:~SPORT A TION COMPANY Dr.
IC\ti DFCJ\Mt'bE..\.L I
15 No Ce.N.\\^Y\l 'AveM~e..
c.:~ \'v\ \' b e..lL c: \\ q ~ 00 g
L tt1ì~l ~ Ç'i\~ C;D~e. 7-
Month's Account
Date Made
19 8¿
Plea~e return copy of thi~ bill with remittance to:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
P. O. Box 44252
San Franci~co, California 94144
~
DISTRIBUTION:
For further information address:
Property Accounting
Southern Pacific Transportation Company
One Market Plaza
San Francisco, California 94105
~ E eEl V ED !;¿." f -fv n~ c.;u t,..-/
1.-1-t. ¡.f5 So A, ft- {~c..--] .(].. v
JUL 31 1986 ~/4(~14 ~[~IíLêõi.1EèTIBLE
.<5~IGINÁt
Ç2¿{'
¡'/A-tøZ (3?
Bill No. 0 '1 () '7 :¿b
Quote above number when remitting
JUl
S-130-P (SPT)
REV. 3.80
(A.A.R. 206)
Month's Account
198G
P1\~~
O~
Dept No.
~JUl 2 5 1986 19
TO SOUIHERN PACIflC 1RANSPORTATION COMPMY Dr.
rc. \~'f' b," e:. \\~ ~ b e..\...l I
'15 ~ D [e. k.1 t l/\ Ft L ~\l E M. U e-
L L \'\- ~ \> \:> e..\..\.. } t It 'ì 5 CD 2 ~
Date Made
Please return copy of this bill with remittance to:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
P. O. Box 44252
San Francisco, California 94144
DISTRIBUTION:
For further information address:
Property Accounting
Southern Pacific Transportation Company
One Market Plaza
San Francisco, California 94105
INVOICE
C,.JYY OF r 'MPBEJ I
75 NORTH CE. AL AVENUE
CAMPBELL, CÀUFORNIA 95008
(4()8~378-8141
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SOUTH BAY CONSTRUCT ION
ATTN: ROGER DENNIS
. 511 DIVISION STREET
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7.... -"0 E:::."":..:~.,<;\ 4..~c..t e-ùl;..;.c--
PöQ..Q.. ~c; '~'l ~-l~
,"T . .
C OHP AN
:..--
\.JIDENING HACIENDA AVENl£
CROSSING AT VASONA
MONTHS OF JAN & t-1AY 1983
RA - 1 46
PER DE TAl L ATTACHED
7pOOß 1
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7pOOj3 1
ORIGINATING DEPT.
YAcud J/OU/
RECEIPT ~~~~
cn f OF CAIYIPBEl
CAMPBELL. CALIFORNIA
N,o'
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FOR ~u~ ~
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g
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REVENUE ACCOUNT NO. .3 Ó 7 2-
~
ADDRESS
FUND NUMBER
n~77
[jð'CHECK
0 MONEY ORDER
0 CASH
DATE
AMOUNT
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
, "
r'~7 ,. :';',,< 7jOOO.Cl
"
-~ ~.-t; ~'/,7,CCJ.C1
20454
BY C¿~
CITY CLERK
CITIZEN COpy Thank You
CITY OF CAMPBELL
50 130-P (SPT)
REV, 3,80
(A,A,R. 206)
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þ,",
Dept No.
Dote Mode C) C. .,.. ;, 1
TO SOL11HEIt~ PACIFIC 1R~~SPORTATION COMPA~Y Dr.
1(..1 +1 0 F £:.AM P b elL I
75" NO. CeNfltAL A-ve.1)ue,
CAMP Þ ~¿.¿/ (;A ,,~()tJ8
L
Month's Account
I.._~
19 IS
Please return copy of this bill with remittance to:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
P. O. Box 44252
San Francisco, California 94144
~
For expenses incurred in connection with
B-A- J4~
DISTRIBUTION,
For further information addre..:
Property Accounting
Southern Pacific Transportation Company
One Market Plaza
San Francisco, California 94105
P60-(2. \ ~~ \I ~\l ~ð - \ß
¿ C:;-Ö E~c:;,. '\ ~C l E-~ ~
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CITY OF CAMPBELL.
115 NORTH CEN- 6.L AVE.
. CAMPBELL. CALIF, .IIIA 95008
11/93 1 7 ?
7483Z¡S .
H 064 ;'!.G: 607
F'IL-ED FOR RE~O D
d~U~
OCT 5 9 46 ~H '8
.-
, TO Sf Rt~ORCEO WITHOUT FEE
SEClION 6103 GOVERNMENT CODE
AT THE REQU!ST OP CITY OP cAMPBEU
AGREEMENT
Ocr fj
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OFFICIAL RECORDS
S .1.1: U. "~B4
, This agreement, entered into by and between the 'C.!tI-~!~'(;tt~~~lY,
,fthereinafter referred to as "CITY," and DELL ASSOCIA~;!ŠJf~~Rt5WktrER'
, sh i p, here i nafter referred to as "OWNER";
WHEREAS, "OWNER11 has prev,iòusly entered into an agreement with
the City of Campbell, dated August 24, 1978, providing for the con-
struction of street improvements on Division Street when ca11ed upon
to do so by the City Engineer of the City of Campbe11; and
*
WHEREAS, the City Engineer has notified "OWNER" to construct
said improvements at this time; and
WHEREAS, additional street improvements are necessary adjacent
to said improvements required as a condition of the above agreement;
and
WHEREAS, "OWNERII agrees to construct said adjacent improvements
for the sum of $11,757.00; and
WHEREAS, sufficient funds have been budgeted for this work as a
part of Project 79-2, Winchester South Construction;
NOW, THEREFORE, in consideration of the promises exchanged be-
10w, the parties do hereby agree as f0110ws:
1.
"OWNERII agrees to construct the street improvements
as de1 ineated in Exhibit A, attached hereto.
2.
"CITY" agrees to provide inspection to insure conformity
to Cityls design standards.
3.
"c I TV" agrees to pay "OWNER" the sum of $11,757.00 upon
comp1etion of said work.
4.
It is further agreed that "OWNER'I sha11 indemnify and
save harmless the City of Campbell, the City Council and
the City Engineer, and any and al1 other officers or em-
ployees of City from any suits, claims or actions brought
by any person for or on acco~nt of any injuries or damages
to persons or property sustained or arising in the con-
struction of the onsite work due to any acts, omissions
or negligence of IIOWNER," his officers, agents, employees
or cont ractors.
1 of 2
..
.. "
H 06~ ;)~.b: 6(;8
It is further agreed that the above-named terms and
conditions shall bind the heirs, successors, administra-
tors or assigns of "OWNER."
5.
Ii
6.' This instrument is and sha11 be considered to be an in-
strument affecting the right, title, interest in or
possession of the lands of "OWNER." :,
IN WiTNESS WHEREOF, the City has caused its name to be
hereunto affixed by its Mayor and City C1erk, thereunto duly
authorized by reoslution of the City Counci1, and said Owner has
hereunto caused its name to be affixed the day and year first above
wri tten.
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State of
County of
t
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8-~ MAUREEN BOWERS I
.,' , NOTARY PUBLlc.CA, LIFOONIA
" SANTA CLARA COuNTY
, My comm. expIres No.... 1,1885
~- . ~ -
PARTNERSHIP ACKNOWLEDGMENT FORM 7130052
CITY OF CAMPBELL
á1Þ~¿~~~
william R. Podgorsek, Mayor
~¿O,I2~
y 15 O. Acker, City Clerk
OWNER
(7j t~
~
On this the~ day of Q ~I~..J."'L 19 Ç? bef
~ ~ ""'"' ore me,
illOltflQQ l')(Jþ.JJ) HO64;)!G:609
-
the undersigned Notary Public, personally appeared
~
~ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
~/~~
Notary's ignature
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.' Woodland Hills. CA 91364
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RED-PROPOSED WORK
YELLOW-REMOVE OR RELOCATE- '---......
ORANGE-WORK BY Oí'riERS i...... ,.~
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PO"'Trn nu n.r.n un .~u r. uÞ.r,~ ' , n .....
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Southern Pac,fi
Transportation Compo
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WIDEN
HACIEND,A .A.V
seAU I'~ 20' '.1>,,"" C'",c
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,ou",oL "P52..0 1""'-1.""
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~~[--- ~~IL_23LI_~B.2-I:!:' ".
"<>"'0 TO 7- ~b-8z. ¡ f"[~':~',-~~
CONSTRUCTION COST ESTIMATE FOR
Surface Cons truct i on
~191piR3 iR~ 1>. ybbil.~
Sawcut Concrete
Concrete Removal
Curb and Gutter Removal
""let 8, ui.. ..hll Pi~-e
Curb and Gutter
~
Df'oi ,e./B} ~lIlIrQlC~
Handi cap Ramp
~UP*,i"e
NI!. A.C. Pavement inc. Excavation
s£ " ,.
^~jW[¡ t1al.l.aL Lv 6. fide
.~~jIl9i IleAsABle te (;, 6ðC
MlJn'I'"9Rt ~nx .., M~~W-9Rt
~tra~t Tla (1& ~yll;",)
Pavement Striping
Pavement Legends
Stop, Street Name or Other Sign
Pavement Markers
Pavement Key Cut
ReID~. fJ'IlH/~ 5;9'
----
Æe./~, ,(!"lit 9t:1+res
Street Lighting
1le.IDc.a+'e
tlectrolier
Conduit j ~\/
Conductor, pair '.p-
Pull Box
P(!~ ,~/aý4 t!.ð.¥J
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Storm Drainage
,g:: or 15" RCP
ffiJl v. £1" Rep
I!.c loca-k.
Street rn ì et
~
lirg'. ¡R~ IiRtBr t'~"I.vlé
Revi sed 1/20/82
soUTH SA 'I
PClYY (i3~)
Lump Sum
IS' loF. @ $ 3.50
1/4-. ~S.F. @
4-z~ L.F. @
2.50
8.00
400 .00
EA. @
377.Q...F. @ 12.00
S.F. @ 4.00
S.F. @ 6.00
~
EA. @ 600.00
L.F. @
40.00
( , z..o S . F .) ( S 1.1 0) CLL" )
( '7(.0 ) (1,10) t'.$")
EA. @ 400.00
EA. @ 300.00
EA. @ 300.00
EA. @ 175.00
L.F. @ 080]
EA. @ 100,00
¿,So
EA. @ lOO.OO
EA. @ 12.00
L. F. @ 5.00
,/. , .s. <!" ~ ()O()
z..
9ðO. DO
EA. @ :>-;eB8 . 8tT'
L.F. @ g.OO
L.F. @ 3.00
EA. @ 250.00
124 L.F. ~ ~.S()
lïs.BS.f.~ '.00
13 L.F. @ 45.00
L. F. @ 55.00
I EA. @ l$#;.:
EA. @ 1.200.00
EA. @ 500 .00
TOTAL ESTIMATE
USE FOR BOND
Date .3-2~-8Z
By L...snyd~".
~- Zq-ð2- c::.S~
= $
.52.50
ZR7. z.s
3. ~R4-.00
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'lo54.et>
585'.00
7 SO.OO
$S9.SZ4-.7S
$
RESOLUTION NO. 6428
BEING A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF CAMPBELL AND SOUTHERN PACIFIC TRANS-
PORTATION COMPANY FOR THE WIDENING OF HACIENDA AVENUE,
CROSSING L-52.0, AT OR NEAR VASONA, (WINCHESTER BOULEVARD)
SANTA CLARA COUNTY.
WHEREAS, there has been submitted an Agreement between the City of
Campbell and Southern Pacific Transportation Company for the widening
of Hacienda Avenue Crossing L-52.0, at or near Vasona; and,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be, and
they are hereby authorized and directed to execute the said agreement on
behalf of the City of Campbell.
PASSED AND ADOPTED this
following vote:
4th
day of Januarv
, 19.-ß.l, by the
AYES: Councilmen: Paul, Chamberlin, Doetsch, podgorsek
NOES: Councilmen: None
ABSENT: Council men: None
APPROVED:
M'
ATTEST:
Ý}£~{fJ &¿¡/
~is O. Acker City Clerk
THE FOREGOING INSTRUMENT IS A TRU8
AND Cr-,RRECT COpy OF THE ORIQINA~
o~ Fi!.c, ii' ïHiG OFFICE.
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CITY OF CAMPBELL
'5 NORTH CENT - AVE.
CAMPBELL CALI FO, . ,I A 95008
H 34'* i'~,~E 721
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7600739
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SE,::IIC;-J ¿IJj GOYf?I';,;.E.;ì COOt
¡\ T Th~ REOUE5 T Oí' CIT'f OF CAMPBELL
TillS AGREEMENT, made this
4th
day of
January
, 1ge3,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation,
herein termed "Railroad," and CITY OF CAMPBELL, a municipal corporation
of the State of California, 75 North Central Avenue, Campbell, California
95008, herein termed "City";
RECITALS:
The parties hereto desire to set forth by this
instrument their agreements with respect to the widening
of Hacienda Avenue, Crossing L-52.0, at or near Vasona,
Santa Clara County, California.
AGREEMENT:
1. Railroad shall furnish all necessary labor, materials, tools
ar¡d equipment to relocate and rearrange warning devices and appurtenances
as necessary and prepare track in the widened portion of the crossing.
City agrees to reimburse Railroad for all cost and expense incurred by
Railroad in connection therewith. Estimated amount reimbursable to Rail-
road by City hereunder is Twenty-one Thousand Three Hundred Thirty Dollars
($21,330.00) .
2. City, at City's expense, shall install paving in the widened por-
tions of the crossing area.
3. The work to be performed by Railroad hereunder shall be commenced
as soon as labor and materials are available following execution of this
instrument, and shall be completed within one (1) year therenfter.
4. This agreement shall be binding upon and inure to the benefit of
the successors and assigns of Railroad and the assigns of City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed in duplicate the day and year first herein written.
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SOUTHERN PACIFIC
COMPANY,
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CITY OF CAMPBELL,
ByØ~Z~
William R. podgorsek,
By ~{f{f.¿L;.,/
Phyllis O. Acker,
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LEGEND--
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[DC; [ PAVING
TO YASONA
_s7R ELOCATE NO,9
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Southern Pacific
Transportation Company
O"io. ", Dov,.io" Eno ,n'"
1707 wc"" S".~'- 00"0"". C""'u.n'~- "',.<
VASONA
WIDEN
HAC IENDA AVE.
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.oLe ~HA"L" V 8 X ,.3
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Southern Pacific
Transportation Company
1707 Wood Street. Oakland, California 94607 . (415) 891- 7469
c... e; e..,.
IN REPLY PLEASE REFER TO
K.B.DERR
AREA ENGINEER
WESTKRN AREA
August 20,1982
Il. " 925359/32
ECf/I/EQ
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PUSI 1-- :J 198"
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Mr. Cruz Gome z
Engineering Dept. - Public Works
City of Campbell
75 North Central Avenue
Campbell, California
95008
Dear Mr. Gomez:
Referring to your letter of July 12,1982, and subsequent
discussions with Don Thomas of my staff concerning improvements to
the Hacienda Avenue grade crossing. The estimated cost to relocate
and improve SP facilities is $21,330.00. This work includes re-
locating and extending the crossing gate and any track rehabilita-
tion made necessary by the pavement widening. It should be noted
that this is an estimate only and that final billing would be on
an actual cost basis.
Prior to the commencement of any work on our property by a
contractor, it will be necessary for that contractor to execute
Railroad's standard Right-of-Entry form, a sample copy of which is
attached for your information. An agreement between the SF and
City stating the terms and conditions for the above work is present-
ly being prepared by our Contract Department and will be forwarded
to your office in due course. 4((14rf.,. JyJ-, 20
If you have any further questions, you may contact Mr. Thomas
at the above number.
Yours truly,
. X I ð ,{2?/c" \.
K. B. Derr
Area Engineer
Attch.
Approved as to Îorm by General Counsel on
May 1,1973
Form c.S. 7345
Sheet No. I of 2
CONTRACTOR'S RIGHT OF ENTRY
~bíS ggrttmtnt, dated
, Iq_, by and between
, herein called "Contractor";
.,~~
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,a corporation, herein called "Railroad", and
Wítntllttb:
1.
For the period not to ex tend beyond
,19_,
Railroad hereby permits Contractor to enter upon the property of Railroad in the vicinity of
as may he necessary in connection with work to be performed on Railroad premises by Contractor under agreement
with
, and for no other purpose.
, Contractor agrees to
(a) Perform that portion of the work on Railroad premises in accordance with plans and specifications approved
by Railroad in such manner and at such times as shall not endanger or interfere with Railroad's operations and in ac-
cordance with the regulations of Railroad and instructions of Railroad's representative. Contractor shall submit to Rail-
road for approval all construction details. falsework and other incidentals not detailed in plans, insofar as they affect
Rail road.
(b) Main tain, at Con t rac tor's expense. competent flagmen to protect and cun trol movemen t of vehicles and equip-
ment uf Contractor while upon Railroad premises.
(c) Notify Railroad at least tìve (5) working days before commencing work on Railroad premises and within five
(5) working days after such work is completed
(d) Keep all equipmen t, tools and ma terials stored at least tìfteen ( 15) fee t from the cen ter line of any operable
track. Explosives or other highly Inflammable substances will not be stored on Railroad premises without the prior
approval of Railroad's representative.
(e) Remove all of Con:ractor's tools, equipment and materials from Railroad premises promptly upon completion
uf work, restoring Railroad premises to the same state and condition as wl,e" C onlractor entered thereon.
(I) Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work, including
without limitation the expense of furnishing such inspectors. watchmen and flagmen as Railroad deems necessary, the
installation and removal of falsework heneath tracks, and restoration of Railroad's property to the same condition as
when Contractor entered thereon. or to a condition satisfactory to Railroad's representative.
(g) Remove any lien against Railruad's property arising from performance of work hereunder by Contractor or
any suhcontractor.
3. Contractor agrees to release, defend and indemnify Railroad from and against all loss, damage, claims, costs,
expenses and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of
use thereof (including but not limited to employees, subcontractors, agents, invitees and the property of each party
hereto) arising out o( or in any way connected with the work under said agreement upon or adjacent to Railroad pro-
perty. whether or not caused or contributed to by the presence or operation of Railroad trains, engines, cars or other
equipment, structures m facilities of Railroad or any other party, or by negligence or alleged negligence on the part of
any of Railroad's agents, employees, contractors, subcontractors or invitees. In the event any part of the provisions of
this section are determined by any statutory enactment or Judicial decision to be void or unenforceable, then this section
shall not tail in its entirety but will he enforceable to the extent permitted by law. For the purposes of this section, the
term "Railroad" shall include any other railroad company using Railroad property with Railroad's consent and any
affiliate. subsidiary or lessor of Railroad.
ç.s. 7;;4?
Sheet No.2 of 2
REV. 6.81
4. Prior to the start of work or occupancy of premises under this agreement, Contractor agrees to procure and
maintain, at its sole cost and expense, the following kinds of insurance with an insurer or insurers and form satisfactory
to Railroad:
Comprehensive general and automobile liability insurance with contractual liability endorsement and
products and completed operations hazards included, which shall provide coverage for limits of not less
than $2,000,000 bodily injury liability and property damage liability, combined single limits.
Contractor agrees to furnish Railroad with a certificate of insurance to which will be attached an
endorsement, the form of which is included as a separate part of this agreement, marked Exhibit" A".
Liability of Contractor under Section 3 hereof shall not be limited to coverage provided under said
insurance policies.
).
Contractor shall deposit with Railroad the sum of
Dollars ($
) representing the estimated expense to be incurred by Railroad in connection with said work.
If there is no amount indicated in the blank space provided above for the deposit to be made by Contractor, in
lieu of such deposit Contractor shall cause the attached surety bond to be executed by a reliable surety acceptable to Rail-
road, condition upon the faithful performance of the provisions of this agreement.
6. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad,
except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this agreement.
7. No vehicular crossing over Railroad's track shall be installed or used by Contractor without prior written
permission of Railroad.
8. No work shall be done between the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal
holidays without prior written permission of Railroad.
9. At request of Railroad, Contractor shall remove from Railroad premises any employee of Contractor or any
subcontractor who fails to conform to the instructions of Railroad' s representative in connection with work on Railroad
premises, and any right of Contractor to enter upon Railroad premises shall be suspended until such request of Railroad
is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee from
Railroad premises.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day
and year first above written.
By
(TITLE)
~~~
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RAILROAD
CONTRACTOR
By
(TITLE)
Approved as to Form
General Counsel
September 15, 1980
Œ~rnwrn~u ill
C.S, 7:14f)-B
REV. 7-81
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY ENDORSEMENT
Attached to certificate of insurance for and hereby certified to be part of the following
policy or policies having the following expiration dates:
Policy No.
Company Providing Policy
Expiration Date
The scope of the insurance afforded by the policy(ies) designated in the attached certificate
is not less than that which is afforded by the Insurance Rating Board or other
"Standard Provisions" forms in use by the insurance company in the territory in which coverage
is afforded.
Such policy(ies) provide for or are hereby amended to provide for the following:
Date:
1.
The named insured is
2.
3.
("Railroad")* is included as an additional insured with respect to liability
arising out of the hazards or operations under ALL AGREEMENTS entered
into between the named insured and Railroad, whether or not liability
is attributable to negligence of the named insured or Railroad. In the event it is
intended that this endorsement is applicable to only one agreement,
the agreement is described as follows:
The insurance provided hereunder applies as though separate policies are in
effect for both the named insured and Railroad.
The limits of liability under the policy(ies) are not less than those shown
on the certificate to which this endorsement is attached.
4.
Cancellation or material reduction of this coverage will not be effective until
thirty (:;0) days following written notice to:
5.
Address
By registered or certified mail
Contractual liability coverage for liability assumed by this insured under said
agreement or agreements with Railroad.
6.
This insurance is primary and insurer is not entitled to any contribution from
insurance in effect for Railroad.
All policy or endorsement limitations relating specifically to operations on or
near railroad property are eliminated.
7.
8,
9.
Broad Form Property Damage endorsement.
So-called X, C and U (or similar) limitations are not effective as respects
operations by or for the named insured on or adjacent to Railroad's property.
In the event of reduction or exhaustion of the appJicable aggregate limit or Jimits
of liability under the primary policy or poJicies referred to in the attached
certificate of insurance solely by reason of losses paid thereunder on account of
occurrences during the policy period, the excess policy, if any, referred to herein
shall (i) in the event ofreduction, apply as excess ofthe reduced limit ofliability
thereun~er; a~d (ii) in the event of exhaustion, continue in force as though it
were prImary Insurance.
The term "Railroad" includes successors, assigns and affiliated companies of Railroad and
affiliates thereof, any other railroad company operating upon or over Railroad's tracks with
Railroad's permission, and the officers, employees and agents of any of the foregoing.
10.
Insurance Company
, 19
By
Signature of Authorized Representative
Department:
Pub 1 i c Works
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CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
CAMPBELL. CALIFORNIA 95008
(408) 378-8141
J u 1 Y 12, 1 982
Mr. K. B. Derr, Area Engineer
Southern Pacific Transportation Company
1707 Wood Stret
Oak1and, CA 94607
Attention:
Mr. Dona1d Thomas
Subject:
HACIENDA--SPTC
WINCHESTER TRAFFIC SIGNALS MODIFICATIONS
Dear Mr. Thomas:
In accordance with our telephone conversation of July 12, 1982, we
hereby request your estimate of the amount required to be committed to
SPTC from the developer in order for SPTC to issue its right of entry.
We acknowledge and accept that this would be an estimate only and sub-
ject to change.
As I mentioned to you, the City is in the middle of this issue in that
it is h01ding up the deve10per's occupancy of a 32,906 square-foot
building which in turn is causing serious loss of income to the devel-
oper.
If there is anything that the City, the deve10per or his engineer can do
to expedite the process, please let me know.
We appreciate your assistance in this matter and look forward to hearing
from you soon.
Very truly yours,
Joseph Ell iott
Director of Pub1 ic Works
()u
Cruz S.
Assist~nt
CSG/1 e
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CITY OF CAMPllEll
75 NORTH CENTRAL AVENUE
CAMPBELL. CALIFORNIA 95008
(408) 378.8141
February 18, 1982
:'
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Mr. David Readler
Kier & Wright
3350 Scott Blvd., Bldg. 22
Santa Clara, CA 95051
SUBJECT:
PARR 139, SOUTHBAY CONSTRUCTION COMPANY, S 80-18,
250 EAST HACIENDA AVENUE
Dear Mr. Readler:
Enclosed is a check print for the plans for the railroad signal
modification work. It is my understanding that this is one of
three alternative solutions, the least expensive, and that Keith
Manley has discussed this with you.
In the future please make your submittals through me if you want
them expedited. I notice that your submittal was on February 5
and today is the 18th.
Please call me if you have any questions.
Very truly yours,
Joseph Ell i ott
Director of Public Works
Cruz S. Gomez
Assistant Civil Engineer
CSG/le
encl.
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';outhern . Pacifi..,; ~ . /
Transportation Company
1707 Wood Street. Oa:<lano. California 94607 . (415) 891-7469
IN 'EOLY 'LUU U... TO
K. B. DE"R
AO[A [NQIN'"
January 19, 1982
925359/32
Mr. David A. Readler
Kier & Wright
3350 Scott Boulevard - Bldg. 22
Santa Clara, CA 95051
JAN 2 2 798?
Dear Mr. ReadIer:
Referring to your letter of November 16,1981, with attached
print indicating proposed changes at the intersection of Hacienda
Avenue and Winchester Boulevard in Campbell, a review of your plan
indicates that some modification to your proposal must be made in
the south\vest quadrant of the crossing. The center of the mast of
an automatic warning device must be located out 15 ft. from the
centerline of the track and 4'1" behind the face of the curb at the
traveled way. The maximum crossing gate length is 40 ft. from the
center of the mast to the centerline of the street or face of curb
at a center median. If the face of curb to centerline of street or
edge of median island exceeds 35'11" at the gate location, then the
traveled way will have to be narrowed to that distance or a gate
will have to be placed in the median strip, resulting in two equal
length gates being used to cover those lanes. A median island
requiring a crossing gate must be a minimum of 8'2" wide at the
location of the gate. Also, raised medians or curb lines and
cement sidewalks shouldnot be any closer than 10' from centerline
of track.
Attached are copies of our drffilings ~rD 573, WD 575 and WD 590,
for your use in preparing a final plan. If you have any further
questions you may contact Don Thomas of my staff at the above tele-
phone number.
Yours truly,
-r( I'~ ,\."
K. B. Derr
Area Engineer
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COVENANT MUTUAL INSURANCE COMPANY
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE (CALIFORNIA)
B d N 011623
I ~t~ 1 Po.. $ 1, 1300. 00
m la remlum
KNOW ALL MEN BY THESE PRESENTS, That
M. J. H. M. II
as Principal and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound unto the CITY OF CAMPBELL , as Obligee,
in the sum of ONE HUNDRED THOUSAND AND NO/IOOths ------ Dollars ($ 100,000.00 ),
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGA TION IS SUCH, That WHEREAS, the Principal on November 25, 1980
19 - entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
construction of public street improvements at Hacienda Avenue and Dell Avenue
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)
That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed, sealed and dated
November 25
,19 80.
M. . J. H. M. II
Principal
..--......
State of California
City and County of San Francisco
} ss.
On this
25th
day of
November
I 1980 I before me personally came
A. L. Wing, Jr.
to me known, who being by me duly sworn, did depose and say: that he is Attorney(sJ-in-Fact of Covenant Mutual
Insurance Co":,pany, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of saId Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by authority granted to him in accordance with the By-Laws of the said Corporation, and that he ÿgned his name
thereto by like authority. , 1/
- OF~IC'Pl ~rn 1. - ,
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'K.",,~;'ft~~ TEm:U DE L~, ¡';O!J~,':"Y':, . œ~ ....-.{.,; / ( C / ;
9_~"~.-;Y."'\.:'ì;èÎ NOTARYFUO:¡"C,/.u..""" '.' .-t, >i¡ f71..,;f.
'.' ~\';-.1-;/;\t/> Cit~ a¡;d C;¡:/\IJ'(!! ~,:~:~;:~" "'.? group (Notary Pub!; .
J "': '.""~' / r.Ay , omil'lSSIÜ, , ':',ct". .u' .'
);"",~~£C~':;;'V"'G;j-,;;..ç"~.,:;;.':'"~:V'~.;~.",,,,<;,,.....J"<Þ;'" ,,":,
COVE
NT MUTUAL INSUHANCE COMPÞ
Hurt10rd, Connecticut
POWER OF ATTORNEY
KNOW ALL Mt:tJ UY~HESE PRESENTS:
rh.1! COVUJANT MUTUAL INSURANCE COMPANY, a wrporalion 01 th~ Statll of Connecticut, dool hllreuy
ma},;o!. <.:on$llll(e and appoint
A.
L.
'..11 NC I
."II{ .
iu true JrHJ 1.llNf ul A !lorney (IHn.F act, with lull ¡Jower and aulhor i Iy. f òr and on bflhllf of the CompAny II sur ety,
to execute and dt!llvllr end Itfhe the ~II of the Company theruto, if a ~eal is raquired, bonds, underUklnc¡s, recQQ-
niances. consentS 01 surety or other written obligatioru in tho natu:e thercol, as follows:
¡\ny and JII bonds, undertakings, recO'ilnilanco~. conwnu of surely or other written obligations in the nature
(horeol in an unlimited ¡mount.
Jrld (I) bInd COVENANT MUTUAL INSunANCE COMPANY Ihereby. and all of tho actS of said Attorney(s).in.Fact.
p\louant 10 thuso pre~nts, ere hereby ratified and confirmed.
rhl) .Ippollltrnttrle i\ made undtr and by authority of 111<' following provisions of Sðction 12 of the by.lawl of
lI)t) \.Ofn[hln'(. which are now in full for~ and effect:
Fro/l) ltIH6 10 timo the lxJard m.lY impo~ such J<Jditionol duties and confer IlIch further authority upon any
or .III 01 ule officers as it may in its discretion determine including, without limitation or ch.racterillltioll,
JI(hOlltv to execute ~y ',aimile 'i.QnahJf'1 Of laç,imilt! ,ignatlltfu, and (julivtr or cauSð or authorize any duly
apPllillttJd ðlltnl to deliver in the name and b~81.1 of Ihll corporation any policy, contract, booo, undertaking,
com"'lIl of surety. recognizanca, general or specia<l~wer of attorney, cl'rtifieatlon, atlett8tion, or other instru.
mullt. .III with or without the ~al 01 the corporation, but if under ~eal to ellidence such s8al by phy,ical ¡m-
P(ClllOlI ()( by laelir ile Of by any other a¡Jpropriate mothod.
Tl11S p()wer of J{{ornt! "signed and s.uled by faoirnile under and by the authority of the f011owlng resóllJtiof11
.I(joplod bV IIH! 0,r6c p.~'$.;,of COVENANT MUTUAL INSURANCE COMPANY at II meeting duly eJlled and hold on
Mord) 12. 1973:
HESOLVE(): Dllt any bond, undeftakin\l, rec~nillnee. coment of surety or written obligation in tho nature
t,cI6of shall be valid and binding upon the ComlHny whdn signod by the President or allY Senior Vi~ PrlJsidont
Ol Vice Pruidllnt and duly utestld 100 sulitiJ, il a ~al is required, by /lnySecretary or Assistant Secntuy or
wIll) signed by the President or any SlInior Viœ P"-,,ictt!nt or Vice Presid,mt" and countersi\lllw Ind s8l!led. it
d wails ItQuired, by ôI duly authorized Inorney.in,lact or lI<.Jllnt: and any such bond, undertaking, recognilllnco.
comont of surety or wii~en obligation in thr nature theroof sh611 be valid and binding upon the Company when
duly tJ~lI«.:ull:d and ~e.led, if a ~al is required. by one or more Jttorneys-in.fact or agents pursuanl 10 4nd
WIt/1l1I t/l~ limitS of Iho authority gnntt'<J by his or their power or powers of attorney.
FUllTHEH RESOLVED: That the signðluro 01 any officor aulhorillH.J bv Ihe by.laws and thl! Comp¡¡nv loal
may t><l i\fflxdd by f¡aimile to any power of .1ltornuy or speclJI power of attorney or ~rtificalion 01 either
glvell for Ote execution of any bond, underulu10. rllcO<,¡nllanCe or other written oWigation in me naturo thor,,-
01: ~eh signature and s.ul, when 10 used being hereby adopted by the Company 41 thll original signltUr6 of
~eh otticer and lhe original sui of the Company, to b6 valid end binding upon the Company wi th the s"me
torC/j and tHeet as though manually affixed,
IN WITNESS WHEREOF, COVENANT MUTUAL INSURA~CE COMPANY has caused these presents to bo signed
by lIS propðr otficer and its corporate iða' to b.t ht!rl'.unto affixed Ihis 22nd day of March, 1973.
An", ß{lI¡t/4 E. ft/~
rf-J Asslsta.DC Secretary
STA TE Of CONNECTICUT
COUNTY OF HARTFORD
t II:
On thn 22nd day of March in the year 197J u(ltoro me per\onallv came Francis W. Palfrey, Jr.. and James E.
W,tklnS to me known, who biting by me duly sworn, did depose and sav; Ihat they reside in the StaIr of Connecticut.
th¡t ttuy are rupectivety Vice Pr..ident and Asslltant Secretory of COVENANT MU TUAL IN$U RANCE COMP ANY,
thl! corporation describ.'ld in Ind which exeCUled the abolle instrument: thdt they know the selll of said corporation;
that th6 lul aflixed to $lid inltrument Illuch corporal' seal; that it was so affixed by authority of their office under
the by-Iawl of laid corporltion, end mlt they signed their names thereto bv like authority.
(~ Û '!~!-~.~ 7J 7. J.~'rJ~ CÁ)
=r No..,y I'uÞllc
.' My comrr1l5sion expins March 31,1978
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gRTIFICATlO~
I. Vor¡ C. Spitko, Assistont Secretary of COVENANT MUTUAL INSURANCE COMPANY certifv Ihal ¡he
forc90llHj power of attOf'ney, the above-quoted provi~:ons of Seclion 12 of the by.laws and Ihe resolution, 01 the
Board of Directors of MArch 12, 1913 have not been ,1bridged or relloked and aro now in lull force and effect.
Signed .Ind ~aled ¡t Hanford, Connecticut, this
25th day of November 1980
--_.~ ~ ,~ ~z4_------
r\s:,is(;.Int Secrcr, Y
A G R E E MEN T
---------
THIS AGREEMENT (identified as No. ), made and entered into this
day of , 19~, by and between M. J. H. M, II
hereinafter referred to as "Owners", and the CITY OF CAMPBELl, a municipal
corporation of the County of Santa Clara, State of California, hereinafter
referred to as IICity".
WITNESSED:
WHEREAS, Owners applied to City for approval in order to build office,
industrial warehouse buildings upon that certain real property described
on Record of Survey
recorded October 16 , 1958, and filed in Book 98 of Maps at
page 44 in the õTfice of the County Recorder, County of Santa Clara,
State of California, which property is hereinafter referred to as "said real
property";
WHEREAS, at its regular meeting held October 7 ,1980, the Planning
Commission of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in S-80-l8
;
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto
as follows, to wit:
(1) Owners shall provide, construct and/or install at their own proper
cost and expense upon Hacienda Avenue and Del Avenue
t roug out t e rontage 0 said rea property pub11c
street improvements which may consist of, but not be limited to, the following:
Standard City of Campbell curb, gutter, sidewalk, driveway approaches, handicap
ramps, pavement structure, storm drainage system, street lighting system, under-
ground utilities to serve said real property, and street trees.
(2) Owners shall provide 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.
(3) All of said improvements shall be constructed and/or 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, and other delays beyond the control of Owners shall be
excluded.
1 of 4
it Ü 2xpress1y understood and agreed to that if Owners shall fail to
{!)i:plete'the work required by this Agreement within the said period of twelve
~12) months, the City, after giving ten (10) days written notice thereof to
Jwners, may construct and/or install said improvements and recover the full
cost and expense thereof from Owners.
(4) Owners shall prepare or cause to be prepared at their cost and
expense improvement plans for the construction and/or installation of said
public street improvements, which 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 to do so by City Engineer.
Upon completion and acceptance of the improvements by City, Owners shall
provide reproducible as-built plans to said City Engineer.
(5) The construction work of the improvements embraced by this Agreement
shall be done in accordance with the Standard Specifications of the Department
of Public Works, Department of Transportation, State of California, dated
January, 1975, 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 "Department of Transportation" are
mentioned in the State Specifications, it shall be considered as referring to
the City of Campbell. Also, wherever the "Director" or "Director of Public
Works" is mentioned, it shall be considered as referring to the City Engineer.
In case of conflict between the State Specifications and the Specifications
of the City of Campbell and Sanitation District No.4 of Santa Clara County,
the Specifications of the City of Campbell and Sanitation District No.4 of
Santa Clara County shall take precedence over and be used in lieu of such
conflicting portions.
(6) Owners shall deposit with City, when called upon to do so, for office
examination of improvement plans, field inspection of construction of improve-
ments and all necessary expenses incurred by City in connection with said
improvements and all necessary expenses incurred by City in connection with said
real property the sum of THREE THOUSAND FIVE HUNDRED DOLLARS
($3,500.00).
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of ONE HUNDRED THOUSAND
DOLLARS ~100.000.00) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said surety
shall guarantee that Owners shall correct any defect which may appear in said
work within one (1) year from the date of acceptance of the work by City and
pay for any damage to other work resulting from the construction thereof, as well
as paying the cost of all labor and materials involved. This surety shall remain
in full force and effect until one (1) year after date of final acceptance of
said improvements. Said bond amount may be reduced by the City Engineer after
the date of final acceptance to not less than twenty-five (25) percent nf its
full val ue.
(B) Upon final release of said surety by City, the obligations of Owners
contained in this Agreement shall be considered null and void.
2 of 4
(9) In conformance with the requirements of Section 20.16.060 of the
:ampbe 11 Mun i c i pa 1 Code, the storm dra i nage a rea fee for sa i d real property is
1n the amount of ZERO DOLLARS
($ ). In accordance with City of Campbell Storm Fee Schedule, the
\~eimbursement for storm drainage facilities constructed as shown on said plans
will be in the amount of ZERO DOLLARS
( $ ) / de-~ i-ned- +~ -the- -~ me. "'* i-å- ~ 1-afls. -a-~ ~;.. t teG - t& -G 1- t Y .
(10) City reserves the right to revise storm drain design shown on
approved improvement plans provided Owners are given reasonable written notice
of City's intention to make revisions. Reimbursement amount will be adjusted
by difference between revised storm design and presently approved storm design,
in accordance with City of Campbell Storm Fee Schedule.
(11) When called upon by City to do so, Owners will execute a petition
for the formation of any special assessment district created pursuant to any
special assessment act as provided in the Streets and Highways Code of the
State of California created for the purpose of constructing and/or installing
any or all of the public improvements herein described.
(12) Owners shall participate in and become a part of any special
assessment district as described in paragraph (11) of this Agreement.
It is expressly understood that any obligations of Owners contained in
this Agreement that are accomplished to the satisfaction of said City Engineer
by said special assessment district shall be considered null and void.
(13) Owners shall make such deposits or file such bonds and enter into
such agreement as required by Sanitation District No, 4 of Santa Clara County
to insure the installation of a sanitary sewerage system to serve said real
property, and that Owners shall file with City, upon execution of this Agree-
ment, a letter, from said Sanitation District No.4, stating that Owners have
made such deposits or filed such bonds and entered into such agreements.
(14) Owners shall pay to Pacific Gas and Electric Company any and all
fees required for installation of underground wiring circuit to all electroliers
within said real property, when Owners are notified by either the City Engineer
of Campbell or the Pacific Gas and Electric Company that the said fees are due
and payable.
(15) Owners shall make such deposits or file such bonds and enter into
such agreement as required by San Jose Water Works when called upon to do so
to insure the installation of a water distribution system to serve said real
property, including fire hydrant.
(16) 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, Owners shall deposit or cause to be deposited with City a sum
covering 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.
3 of 4
(17) Owners shall carry out any and all negotiations with all interested
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 otherwise modify irrigation
line or' lines within the boundary of said real property,
(18) 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 person for or on account
of any injuries or damages to persons or property sustained or arising in the
construction of the on-site work due to any acts, omissions or negligence of
Owners, their officers, agents, employees or contractors.
(19) This instrument is and shall be considered to be an instrument
affecting the right, title, interest in or possession of the real property
hereinabove described, and shall bind the successors in interest of Owners.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its
Mayor and City Clerk, who are duly authorized by resolution of the City Council,
and said Owners have caused their names to be affixed the day and year first
above written.
CITY OF CAMPBELL
Mayor
City Clerk
OWNERS
~1. J. H. M. II
"Ií'~ t ¡f
,?v..Q£<- - r . "( "J_-
9~/ ß Þ~'-L <
(Notary Certificate)
4 of 4
File:
-'ermi ts - Canals
Upper Page Dist. System
Ely. of Winchester Blvd.
Sly. of Hacienda Ave.
Re:
Site Development Plan
IBM Property
80A733, 80P548A
July 28,1980
Mr. Arthur A. Kee
Director of Planning
City of Campbell
75 No. Central Avenue
Campbell, California
95008
Dear Mr. Kee:
We have reviewed the sit.(~ development plan for the industrial
buildings on E. Hacienda Avenue, your file S-80-l8, which you
sent to us on July 11,1980.
It appears from the plan that it is the applicant's intention to
underground the existing trapezoidal section canal. Please refer
to the enclosed copy of our letter of June 30,1980 to Mr. William
Jury for our comments on any such modification. The location of
the undergrounding should be shown on the site development plans.
In accordance with District Ordinance 75-6, the owner should now
show any existing welles) on the plans and inform us regarding
their proposed' use. Please contact Mr. David Zozaya at 299-2454
for information about well permits.
Please direct any questions to Mr. Eugene Sullivan of our Permits
Section, extension 257.
Sincerely yours,
ORIGINAL SIGNED
tv w. F. Carlsen
Division Engineer
Design Coordination
BY ¿fife
Division
Enclosure:
copy of letter of 6-30-80
cc:
D. Kriege
R. Pardini
D. Erling
A. Codiroli
D. Lawrie
L. Wilson
E. Sullivan
EP:ms
~\..'.... Sonl:Q~. Clara. Valley,i;.. Wo~er/'.. Districh:
October 31, 1980
Mr. Brian Callagen
Kier & Wright
Civil Engineer
3350 Scott Boulevard
Building 22
Santa Clara, California
95051
Dear Mr. Callagen:
~) ¿/þ/
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5750 ALMADEN EXPRESSWAY ( ;;,1//) - ;?/#.-,.c.,-. -7
SAN JOSE, CALIFORNIA 95118 ~ --, ~-< '-/f>1---
TELEPHONE (408) 265-2600 ----=" j 1....-.. ~(C: ~?
('~/
I/IOv J;~
,oó. '/ !< '()
<'4í ~~ ~óh
~1tù JþO~
~~Iý~'tJ'
We have reviewed the preliminary plan for the placement of the Upper Page
Distribution Canal in a conduit relative to the IBM site on Hacienda Avenue
sent to us on October 9.
The use of two 45° bends in place of one 90° bend would be more efficient
hydraulically. Additional efficiency could be gained if the replacement conduit
followed a more direct route across the property as we suggested in our letter
of July 28 (copy enclosed).
We do not recommend the use of reinforced concrete pipe bends because the breaking
out of a 4-inch round opening would destroy most of the structural strength,
causing the need for a reinforced concrete support installed in accord with the
attached SCVWD Sheet 30. The use of corrugated metal pipe bends would not have
,
to be supported and should prove less costly.
The invert of the proposed conduit is shown to be about 3 feet below the invert
of the existing Southern Pacific Railroad conduit. This cannot be allowed
because siltation would take place filling the conduit whereby reducing its
capacity. The invert of the proposed conduit should not be lower than that of
the existing SPRR conduit.
The conduit should be designed so as nòt to cause a backwater which would affect
the reading of the gauging station located upstream of Dell Avenue. With the
next application please include the design water surface profile and calculations
of all head losses including that of the trash rack.
Final plans should show the profile of existing ground and the size and slopes
of the existing structure at SPRR and Dell Avenue.
AN AFFIRMATIVE ACTION EMPLOYER
Mr. Brain Callagen
-2-
October 31,1980
Air blown mortar {Gunite} and welded wire mesh reinforcement are not acceptable.
Concrete reinforced with deformed steel bars should be used.
The other comments in our letter of July 28 also apply.
Sincerely yours,
,....",.~-,..-,....,..,-,,:;,',,_..)B1
W. F. Carlsen
Diviison Engineer
Design Coordination Division
Enclosure: 1 letter of July 28
cc:
Director of Public Works ~
Ci ty of Campbe 11
75 North Central Avenue
Campbell, California 95008
----
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CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
PL.
¡;:I\i', " ,
.!i-l..\Ul.hi..,-¡'.¡¡',:..J
Department:
Planning
Date:
October 15,1980
Construction Co.
, FOR CONSTRUCTION OF
Mr. vJi 11 i am Jury & Southbay
6 office-industrial-
COND IT IONS ATTACHED TO "SII APPROVAL OF PLANS OF
warehouse buildings
TO BE LOCATED AT
250 E. Hacienda Avenue,
Campbell,
CA
95008
CONDITIONS:
As per attache d 1 i st:
Section 21.42.090 of the Campbell Municipal Code reads as follows:
Any approval granted under this section shall expire one year after the
date upon which such approval was granted, unless an extension for such
approval is obtained by making written application for same to the
Planning Commission at least fifteen (15) days prior to the expiration
date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this Chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING
HELD ON THE 7th DAY OF October , 19 80
CITY OF CAMPBELL PLANNING COMMISSION
BY:
d~ ~ /~
ARTHUR A. KEE, SECRETARY
ld
CONDITIONS OF APPROVAL -
App 1 I cat Ion of:
Page 1
S 80-18
Jury, W./Southbay
Construction
1
2
3
4
5
6
7
8
Revised ~1evatio~s ?f the existing IBM building to be approved
by Plannlng Commlsslon upon recommendation of Architectural
Advisor within 90 days of approval.
Property to be fenced and 1andscaped as indicated and/or
added in red on p1ans.
Landscapi~g plan indic~ting type and size of plant material,
and locatlon of hose blbs or sprinkler system to be submitted
for approval. of the.Planning Commission within 90 days of
approval, prlor to lssuance of building permit.
Fencing p1an indicating 10cation and design detai1s of fencing
to be submitted for approva1 of P1anning Director prior to
app1ication for bui1ding permit.
Landscaping and fencing sha11 be maintained in accordance with
the approved p1an.
App1icant to either (1) post a faithfu1 performance bond in
the amount of $ 10,000 to insure 1andscaping, fencing, and
striping of parking areas within three months of comp1etion
of construction, or (2) fi1e written agreement to comp1ete
1andscaping, fencing and striping of parking areas prior to
fina1 Bui1ding Department c1earance.
Applicant to submit. 1etter, satisfactory to the City Attorney
1imiting the use of the property to: 6.534 square feet of
office use, 251,906 square feet of speculative Industrial
use, and 42.469 square feet of warehouse use.
A11 mechanlca1 equipment located on roofs to be screened as
approved by the P1annfng Director.
*N/A - Not applicable to this .pp1icatlon.
--- ------
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CONDITIONS OF APPROVAL - S 80-18
ApplicatIon of: Jury, W./Southbay
Page 2 Construction
The applicant is notified as part of this application that he/she is required
to meet the following conditions in accordance with Ordinances of the City of
Campbel1 and laws of the State of California.
A
B
C
D
E-
F
G
N/A*
All parking and driveway areas to be developed in compliance
with Section 21.50 of the Campbell Municipal Code. All'
parking spaces to be provided with appropriate concrete curbs
or bumper guards.
Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
Plans submitted to the Building Department for plan check shall
Indicate clearly the location of all connections for underground
utilities Including water, sewer, electric. telephone and
television cables, etc.
Sign application to be submitted In accordance with provisions
of the sign ordinance for all signs. No sign to be instal1ed
until application Is approved and permit Issued by the Bullding
Department. (Section 21.68.030 of the Campbell Municipal Code.)
Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage.
wet garbage and rubbish produced within the limits of the city
of Campbell shall be made with Green Valley Disposal Company.
This requirement applies to all single-family dwellings, multiple
apartment units, to all commercial, business, Industrial,
manufacturing, and construction establishments.
Trash contalner(s) of a size and quantity necessary to serve the
development shall be located In area(s) approved by the Fire
Department. Unless othe~tse noted, enclosure(s) shall consIst
of. concrete floor surrounded by a solid wall or fence and
have self-closing doors of a size specified by the Fire Department.
All enclosures to be constructed at grade level.
Applicant shall comply with all approprIate State and City require-
ments for the handicapped.
Noise levels for the Interior of residentIal units ,hall comply
with minimum State (Title 25) and local standards as Indicated
In the Noise Element of the Campbell General Plan.
*N/A=Not applicable to this application.
CONDITIONS OF .'PPROVAL - S 80-18
App11catlon of: Jury, W./Southbay
Page 3 Construction
BUILDING DEPARTMENT
H.
Roof covering at flat section shall be fire retardant (Section 3203(e).
PUBLIC WORKS DEPARTMENT
1.
Provide a grading and drainage plan for the review and approval
of the City Engineer.
J.
Obtain an excavation permit and post surety for all work in the
public right of way, including installation of street lights.
K.
Modification of Winchester/Hacienda intersection to provide
additional westbound left-turn storage lanes.
L.
Driveway openings to be 30 feet minimum,
M.
Obtain permit from Santa Clara Valley Water District for any
modification to Page Ditch.
The apptlcant Is notified that he/she shatt compty with .11 app11cab1e
Codes or Ordinances of the City of Campbett which pertain to this
deve1opment and are not herein specified.
.IT
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CJ~P~LED IN CONFORMANCE WITH SEe n'
OF THE REvENUE AND TAYATION CODE
EFFECTivE CATE MARCH 1 1979
¡.'.LFRED E C,~RLSO"'-ASSESSùR