90 Railway Ave. (77-29)
(
A G R E E MEN T
THIS AGREEMENT, (identified as No. Dln (84))made and entered
into this day of , 19 , by and between
Experimental Associates 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 "City".
WITNESSETH:
WHEREAS, Owners did heretofore on November 14, 1977, apply to
City for approval in order to construct a warehouse on that certain
real property described as Lot 14 and 15 in Block 1 of the "Map of
Ruckers Addition in the Town of Campbell II recorded May 20, 1895,
and filed in Book F of Maps at page 39 in the office of the County
Recorder of the County of Santa Clara, State of California, which
property is hereinafter referred to as "said real property";
WHEREAS, at its regular meeting held January 23, 1978, the City
Council of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in
PO 77-29;
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the
parties hereto as follows, to wit:
(1) It is agreed to that Owners are required to prepare and/or
cause to be prepared a parcel map in accordance with the provisions
of the Subdivision Map Act of the State of California.
(2) It is further agreed to that Owners shall provide, construct
and/or install at their own proper cost and expense upon Railway Avenue
throughout the frontage of said real property public street improve-
ments consisting of, but not limited to, the following:
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 improvement plans
for said real property approved by the City Engineer of City.
SECOND: Grade said real property in accordance with approved
building plans.
THIRD: Provide and install City of Campbell standard street
monument boxes, street name signs, regulatory signs and sign posts
therefor, barricades and redwood headerboards, as shown upon said
improvement plans.
1 of 4
FOURTH: Provide and install an underground electrical energy
system and an underground telephone system to serve said real property.
FIFTH: Provide and plant street trees of a variety and size as
shown upon the plans and as approved by said City Engineer.
(3) It is further agreed to that Owners shall provide and construct
and/or install all of said public street improvements within twelve (12)
months of the date first hereinabove written.
(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 full cost and expense thereof from Owners.
(5) It is further agreed to that 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 by said City
Engineer.
(6) It is further agreed to that 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,
Division of Highways, State of California, dated January, 1973, and
in accordance with the Specifications of the City~ofCampbell and
Sanitation District No.4 of Santa Clara County, where indicated.
WHEREVER the word "State" or words "Division of Highways" are
mentioned in the State Specifications, it shall be considered as
referri ng to the City of Campbell. Also, wherever the "Di rector"
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.
(7) It is further agreed to that Owners shall deposit with City,
when called upon to do so, for office examination of improvement
plans, field inspection of construction of improvements and all
necessary expenses incurred by City in connection with said improve-
ments and all necessary expenses incurred by City in connection with
said real property the sum of Twenty Five DOLLARS ($25.00).
? n-F II
(8) It is further agreed to that Owners shall file with City,
upon execution of this Agreement, a bond in the amount of Seven
Hundred Twenty Five DOLLARS ($725.00) 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 an~ 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 bond shall remain in full force
and effect until one (1) year after date of final acceptance of said
improvements.
(9) It is further agreed to that 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.
(10) It is further agreed to that Owners shall participate in
and become a part of any special assessment district as described
in paragraph (9) 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.
(11) It is further agreed to that 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 Agreement,
a letter, from said Sanitation District No. 4 of Santa Clara County
stating that Owners have made such deposits or filed such bonds and
entered into such agreements.
(12) 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 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.
(13) It is understood that this agreement shall bind the owners
and their successors in interest. This agreement shall be recorded.
3 of 4
IN WITNESS WHEREOF, said City has caused its name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized by
resolution of 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
EXPERIMENTAL ASSOCIATES
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90 SOUTH RAILWAY AVE. . CAMPBELL. CALIFORNIA 95008 . (408) 374-8622
June 15, 1979
City of Campbell
Dept. of Public Works
75 N. Central Avenue
Campbell, CA 95008
Attn: Mr. Dave Valkenaar
Per your request, Experimental Associates requests in writing
a final inspection and acceptance of street improvements made
at 90 S. Railway Avenue, Campbell, California. I have receipt
#8523, dated March 30, 1978 in the amount of $750.00 noted
that $725.00 is a refundable deposit for street improvements.
I also have receipt #8705, dated September 27, 1978 in the
amount of $2,000.00 noted that it is a refundable deposit,
permit 78-111, for street improvements guarantee.
If you require any further information please do not hesitate
to contact me. Your prompt attention to obtaining the in-
spection and refund will be greatly appreciated.
Your$ t~UlY, (//'
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SANDRA ANDERSON
Vice President
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RESOLUTION NO. sJ 't/ ,.r
BEING A RESOLUTION AUTHORIZING EXECUTION
OF EXPERIMENTAL ASSOCIATES AGREEMENT.
WHEREAS, there has been submitted to the City Council by Salvador
Thomas Campisi an agreement for the development of his real property
in accordance with prescribed conditions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell that the Mayor be and he is hereby authorized to execute the
said agreement on behalf of said City.
PASSED AND ADOPTED this
by the following vote:
Go;::). !/
day of ~;J
, 1978
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
APPROVED:
Mayor
ATTEST:
Ci ty Cl erk
;L't~
CITY OF CAMPBELL
MEMORANDUM
To:
BUILDING DEPARTMENT
Dol' a ~
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From: PUBLIC WORKS DEPARTMENT
Subject: PUBL I C WORKS DEPARTMENT REQU I REMENTS
----------------------------------------------------------
,
The requirements of the Public Works Department have been satisfied for
the following development: \
APPLICANT E.2~-f7{" ( I ~ ell ~ 1 A. } ) 0 C. I c, }-:-)
BUILDING ADDRESS 00 1<-4>; t \.Vb ~
COUNTY ASSESSOR'S ~ ~ I
PARCEL NUMBER 4<' \ J - Q - I ~. ? i q
APPROVAL NUMBER 'PlY 11~' /-. q
PUBLI C WORKS FI LE NUMBER T',,: I ''""'l (l? 1 )
JOSEPH ELLIOTT
DIREC~ R OF PUBLIC W
By: ~
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RECEIPT
CITY OF CAMPBE .j rr'\
CAMPBELL, CALIFORNIA
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FUND NUMBER
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SCHECK
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THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW,
MAR 31-78 8 DnA ***725.00
Hl\R 31-78 51 DnA ****25.00
15491
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CITIZEN COPY
Thank Y au
CITY OF CAMPBELL @M
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ORDINANCE NO.
I 142
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING PLANS, ELEVATIONS AND DEVELOPMENT
SCHEDULE FOR THE PLANNED DEVELOPMENT ZONE ESTABLISHED
BY ORDINANCE OF THE CITY OF CAMPBELL (APPLICATION OF
MR. E. H. ANDERSON AND EXPERIMENTAL ASSOCIATES, PO 77-29).
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby
changed and amended by adopting the attached IIExhibit All entitled "Plans
and Elevationsll, IIExhibit B", entitled "Development Schedulell, "Exhibit CII
entitled IIMap of Said Property'., and "Exhibit 011, entitled "Conditions of
Approval", as per the application of Mr. E. H. Anderson and Experimental
Associates for approval of plans, elevations, and development schedule to
allow construction of an industrial building on property known as 90 Railway
Avenu.e in a Planned Development Zoning District. Copies of said Exhibits are
" on file in the office of the Planning Department.
The applicant is notified that he shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this development
and are not herein specified.
PASSED AND ADOPTED th i s 23 rd day of
following roll call vote:
January
, 1978, by the
AYES: Councilmen: Chamberlin, Doetsch, Hammer, Paul, Podgorsek
NOES: Counc i 1 men: None
ABSENT: Councilmen: None
APPROVED:
MarOr
Wil iam R. Podgorsek
ATTEST:
Cltr Clerk
Phy lis o. Acker
PUBLIC HE/\R/IiG HELD BEFORE
'THE PlANN/NG':OMMISS/ON ON
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PD 77-29
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"EXH I BIT 0"
CONDITIONS OF APPROVAL - PO 77-29
Application of Hr. Eddie H. Anderson and Experimental Associates
1:. Northern and southern landscape areas to be widened to 51-0"
minimum.
2. Wheelstops to be located such that vehicles will not project
over landscaping.
.
3. Revised floor plan. Indicating size and location of office area
(not to exceed 800 square feet). to be approved by the Planning Director.
Applicant to record deed restriction. satisfactory to the City
· that building shall be used as indicated on revised floor plan
5. Property to be fenced and landscaped as indicated and as added
in IIred" on plans.
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6. Landscape plan indicating type of plant material. location of hose
bibs or sprinkler system and type of fencing to be submitted for approval
of the Planning Director at time of application for building permit.
7. Landscaping shall be maintained in accordance with the approved
landscape plan.
8. Faithful performance bond in the amount of $5.000 to be posted
to Insure landscaping, fencing and striping of parking area within three
(3) months of completion of construction. or applicant may file written
agreement to complete landscaping. fencing and striping of parking area
prior to final building department clearance.
9. All mechanical equipment located on roofs shall be screened as
approved by the Planning Director.
The applicant is notified as part of this application that he Is required
to meet the following conditions in accordance with Ordinances of the City of
Campbell.
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 req~ired 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.
Page 2
E. 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.
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
1 eve 1.
G. Applicant shall meet all State requirements for the handicapped.
BUILDING DEPARTMENT
H. Roof covering shall be fire retardant per Section 1603(a) and
3203(e) of the Uniform Building Code.
!
FIRE DEPARTMENT
I. Provide a "2A lO-BC" fire extinguisher.
PUBLIC WORKS DEPARTMENT
J. Process and file a parcel map to combine the two lots.
K. Dedicate right of way to 27.5 feet half-street on Railway Avenue, and
execute agreement to install street improvements or participate in an L.I.D
L. Pay storm drainage area fee of $170. ~e~; ~ ~6- I~
M. Provide grading and drainage plan.
N. Obtain excavation permit for construction of remainder of curb,
gutter, and sidewalk and driveway widening, and planting street tree.
The applicant is notified that he shall comply with all applicable Codes
or Ordinances of the City of Campbell which pertain to this development
and are not herein specified.