1458 W. Latimer Ave. (79-14)
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REVENUE ACCOUNT NO. ~A. (Jr)
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NAME
FUND NUMBER
RECEIPT
CITY OF CAMPBELL
CAMP9ELL, CALIFORNIA
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o CASH
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THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW,
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o MONEY ORDER
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SEP 28-19
SEP 28-79
6S 018A
51 018A
BY /
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CITY CLERK
--._--
Thank You
CITY OF CAMPBELL
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CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department: Pub 1 i c Works
Janua ry 28, 1985
SMS Builder Services
21 Horgan Avenue
Redwood City, CA 94061
Subject: Assigned Passbook for
1408 W. Latimer Avenue, Lat (53) and
1458 W. Latimer Avenue, Lat (55)
Gentlemen:
The enclosed passbook, along with our release of interest,
is being returned to you since the liability secured by
it has been fulfilled.
Very truly yours,
Joseph Ell iott
Director of Public Works
" ) ~/J-. l./Jf .. ___
~urL~u--/\' ~-
by David N. Valkenaar
Associate Civil Engineer
DNV:dc
Enclosures: passbook and release
RELEASE OF INTEREST AND REASSIGNMENT OF MONIES
The City of Campbell no longer has an interest in the monies herein-
after referred to and does hereby assign and set over to SMS Builder
Services, all right, title and interest of any kind whatsoever in
and to the insured account of SMS Builder Services, identified by
account number 14-07944-6, in the Allstate Savings and Loan Associa-
tion whose address is 2500 Pruneridge Avenue, Santa Clara, California.
Dated this 25th day of January, 1985 at Campbell, California.
City of Campbell
(v:.~
oy David N. alkenaar
Associate Civil Engineer
A G R E E MEN T
THIS AGREEMENT (identified as No. Lat. (55) ), made and entered into this
day of ,19, by and between SMS Builder Services,
Inc., a Nevada Corporation -
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 "Ci ty" .
WITNESSED :
WHEREAS, Owners applied to City for approval in order to construct a five-
unit apartment buildinq upon that certain real property described
as Lot 4 as Lot 4 is shown upon that certain map of Tract No. 459
recorded uecember Z , 19 47, and fi 1 ed in Book 15 of Maps
page 17 in the Office of the County Recorder, County of Santa
State of California, which property is hereinafter referred to as "said
property";
at
Clara,
real
WHEREAS, at its regular meeting held Aori1 17 ,1912, the P1anninq
Commission of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in Conditions of
Approval - S79-l4
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 Latimer Avenue
throughout the frontage of said real property public
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 is expressly understood and agreed to that if Owners shall fail to
complete 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
Owners, may construct and/or install said improvements and recover the f~ll
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 Two ~undred Fifty-Four-------------------DOLLARS
($ 254.00 ).
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of Seven Thousand Three Hundred--------
_________________________________ DOLLARS ($7,300.00 ) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said surety
shall guarantee that Owners shall correct any defect which may appear in said
work within one (1) year from the date of acceptance of the work by City and
pay for any damage to other work resulting from the construction thereof, as well
as paying the cost of all labor and materials involved. This surety shall remain
in full force and effect until one (1) year after date of final acceptance of
said improvements.
(8) Upon final release of said surety by City, the obligations of
Owners contained in this Agreement shall be considered null and void.
2 of 4
(9) In conformance with the requirements of Section 20.16.060 of the
Campbell Municipal Code, the storm drainage area fee for said real property is
in the amount of Two Hundred Fifteen----------------------------- DOLLARS
($ 21 5 . 00 ). -I fl- ilt:t:9f"eaflt:e- w~ t~-'~ -ty- gf - C~.Q~ ~ - StQl'& f1!2: 5'('h~rlTt~ t,:::the-
re;~~- -f&r- 'S{~ i!lf'.a4 flil4je- .fat:4~ 4 t~ eS--E:~vct~-1l'S- 'S-hown- -on- 'S'8.;-d-1H-itftS-
~~~-be-1~-t~e-effletiflt-ef--------------------------------------____________~t~~
-( $- - - - - - - -11~temi ~ et- {~e_ t.lf ffle- 5il4.e- t>~ aflS- .a.re- s~.tted- to"" 'C;1: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 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.
(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
SMS BUILDER SERVICES, INC.
By H~ 'I JX'~t2!-
By
(Notary Certificate)
4 of 4
CONSTRUCTION COST ESTIMATE FOR
SMS BUILDERS
1458 W. LATIMER AVE.
Storm Drainage
Inlot dra in with pipe: 1 EA @ 400.00 = $ 400.00
Concrete
Curb and gutter: 61.1 LF @ 7.50 = 458.25
Res.jComl. sidewalk: 150.5 SF @ 3.50 = 526.75
Driveway approach 294.5 SF @ 5.00 = 1,472.50
Pavement (T1 = 7, R = 25)
A.C. : (1,099.8 SF)($0.15)(8.4") = 1,385.75
Miscellaneous
Electrolier: EA @ 2,000.00 = 2,000.00
Street trees ( 1 5 ga 11 on) : 1 EA @ 75.00 = 75.00
15% Contingency:
$6,318.25
947.74
$7,265.98
Sub-Total:
TOTAL:
Faithful performance bond $7,300
Plan exam. & const. insp. $ 254
Storm drainage area $ 215
( .281 ac.)
By '" ,,5V1-'1rkY'
Date 7-U,-7~
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Public Works
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DISCARD
DIAl FllE;~a-f-k- -5 r')
CASE
L------
August 30, 1979
SMS Builder Services
21 Hargan Avenue
Redwood Ci ty, CA
ATTENTION: Mark Sheehan
Re: 1458 West Latimer
Gentlemen:
Enclosed are three copies of an agreement to install street improvements
on Latimer Avenue. Please return two copies signed and n)tarized.
Paragraph number three of the agreement calls for you to install the
improvements within twelve months from the time you are notified to do
so by the City Engineer. You should consider the insurance of a
building permit for the referenced project to constitute such notice.
The time will begin to run from the time the permit is issued.
You will be interp.sted to learn that the City has recently adopted a
policy of requiring that the street improvements must be completed
before occupancy of the buildings will be allowed. So even though the
enclosed agreement grants twelve months for completion of the street
improvements you may want to finish them sooner.
In addition to the agreement, we will require payment of a plan check
and inspection fee of $254.00 and a storm drain area fee of $215.00
prior to release of the bullding permits.
If you have any questions please contact the undersigned.
Very truly yours,
BILL HEU1S
6BGIN~FRING r4ANAGER
By James Penoyer
Engineering Technician
JLP:jc
Enclosure
o
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department:
Planning
Date:
April 24, 1979
CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF Robert M. Kadjevich
building
, FOR CONSTRUCTI ON OF a fi ve uni t apartment
TO BE LOCATED AT 1458 W. Latimer Avenue
Campbell, California 95008
COND I TI ONS:
As per attached llst.
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 17th DAY OF April , 1979
CITY OF CAMPBELL PLANNING COMMISSION
BY: ARft. f K~ ~TARY
cc: Ms. Jean Sutherland
Bryon & Associates
2542 S. Bascom Ave.
Campbell, CA 95008
R.L. Ferguson Drafting Service
33B N. First St.
Campbell, CA 95008
\.
CONDITIONS OF APPROVAL - S 79-14
Application of: Kadjevich, R.
Page 1
n/a* Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
1 Property to be fenced and landscaped as indicated and/or
added in red on plans.
2 Landscaping plan indicating type and size of plant material,
and location of hose bibs or sprinkler system to be submitted
for approval of the Planning Director prior to application
for building permit.
3 Fencing plan indicating location and design details of fencing
to be submitted for approval of Planning Director prior to
application for building permit.
4 Landscaping and fencing shall be maintained in accordance with
the approved plan.
5 Applicant to either (1) post a faithful performance bond in
the amount of $ 5,000 to insure landscaping, fencing, and
striping of parking areas within three months of completion
of construction, or (2) file written agreement to complete
landscaping, fencing and striping of parking areas prior to
final Building Department clearance.
n/a*
Applicant to submit
limiting the use of
office use,
use, and
a letter, satisfactory to the City Attorney
the property to: square feet of
square feet of speculative industrial
square feet of warehouse use.
6 All mechanical equipment located on roofs to be screened as
approved by the Planning Director.
*N/A. Not applicable to this application.
CONDITIONS OF APPROVAL - S 79-14
Application of: Kadjevich, R.
Page 2
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
Campbell and Laws of the State of California.
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.
B
Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
c
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.
D
Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until application is approved and permit issued by the Building
Department. (Section 21.68.070 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.
E
F
Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist
of a 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.
G
Applicant shall comply with all appropriate State and City require-
ments for the handicapped.
H
Noise levels for the interior of residential units shall comply
with minimum State (Title 25) and local standards as indicated
in the Noise Element of the Campbell General Plan.
..-...-. --.--' -._. -, -,...-,
CONDITIONS OF APPROVAL - S 79-14
Application of: Kadjevich, R.
Page 3
FIRE DEPARTMENT
I. The building extends 175 feet onto the property, therefore an on-site
fire hydrant shall be installed.
J. Provide 2A-10BC fire extinguishers.
PUBLIC WORKS DEPARTMENT
K. Pay storm drainage area fee of $215.
L. Enter into an agreement and post surety to install street improvements.
The applicant is notified that he/she shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.
, .
MEETING DATE
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Apr<,L lJ~0~C)
N~-\
PLANNING NO. .s...,~ -'+
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APPLICANT ~ Ev I CI-I
ADDRESS~ w.
TYPE OF DEV. S - UN 'T
LAT' fvi~R
A p-r:
A.P.N.
RECOMMENDED CONDITIONS
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X- Pay Storm Drainage Area Fe{~Z \
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~ Enter into agreement to construct street improvements and pay plan exam. and const.
inspection fee now
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K- Provide surety as noted in agreement
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Obtain excavation permit
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