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1320 White Oaks Rd. (81-5) HOME OFFICE INDUSTRIAL INDEMNL P. O. LOX 5056 sr\l~ JOSE, CA 95150 AnN: BOND DEPT. ~o. d ~~~~.~~~t~I~:~~lty General Form Status Inquiry OWNE". OILIGII OR ORIG'''ATING COM"ANY DATE AOORIII 1 JANUARY 8, 1985 OUfllt .OND NO. 75 N. Central Avenue YS 853-9800 Campbell. CA 95008 CONT"ACTO" Jack A. Nelson General Contractor, Inc. AOO"II. 1320 White Oaks Avenue, Campbell D..CR''''TJON OF CONT"ACT (lftdutJ~ 10rll'lore 0'111 ow,.,,'s conlract .."mlur) Subdivision: Off site Improvements at 1320 White Oaks Road, Campbell OWN!:" Cit of Campbell CONTRACT "'"ICE IONDIS} EFFECTIVE DATE: 1 124,500.00 pf/pt 1/25/84 WITHOUT PREJUDICING YOUR RIGHT OR AFFECi"lNG OUR LIABILITY UNDER OUR BOND (S) DESCRIBED ABOVE. WE WOULD APPRECIATE SUCH INFORMATION AS IS NOW AVAILABLE. SINCERELY. IfJAO Bond Dept. BY I. IF CONTRACT COMPLETED. PLEASE STATE: 1 It is understood tha information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely an expression of opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correct. ness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the agents of the owner. "'~""OXIMATE. DATE OF CO""'L.ETtON OF WO"K (nr ',nal tl,/il'UY) APPlltOX INATE ACCEPTANCE DATE FltIIAL CONTIIIACT "'''ICE 2 IF CONTRACT UNCO~PI_ETED. PLEASE STATE: A""'~OJ(I""'TE "'ERCENT,t.GE OR DOLLAIIt AMOUNT OF' CONTRACT CO....PLETEO OR OEllVE'REO 3. DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIA.L D YES o NO 04. "EMARKS (If GNY) DATE SIGH"TUAf, TITLE !1iI. ADDRESS PLEASE RETURN THIS INQUIRY IN THE ENCLOSED ENVELOPE. ATTENTlO..... ,V030 R3 (10-771 A G R E E MEN T THIS AGREEMENT (identified as No. (WO)40 ), made and entered into this day of , 19 , by and between JACK A. NELSON and ELOISE A. NELSON, husband and wife, as Joint Tenants , herei na fter referred to as "Ovmers, II and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WITNESSED: WHEREAS, City granted conditional approval of Owners' applica- tion to construct a warehouse/office building upon that certain real property described in that certain Grant Deed recorded Auqust 8 , 19 79 , and filed in Book E705 of Official Records at page 195 in the office 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 February 17 , 19 81 the Planninq Commission of City did consider said application and grant its approval thereon subject to certain condi- tions thereof as contained in S 81-5 NOl-J, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows: (1) Owners shall provide, construct and/or install at their own proper cost and expense public street improvements across the entire frontage of said real .property when Owners are notified to do so by the City Engineer. (2) All of said improvements shall be constructed and/or in- stalled 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 twelve-month period, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improve- ments and recover the full cost and expense thereof from Owners. (3) Owners shall prepare or cause to be prepared at their cost and expense improvement plans for the construction and/or installation of said improvements when notified to do so by the City Engineer. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and ap- proval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satis- faction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Subdivider shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. (5) Owners shall pay to City, when called upon to do so by the City Engineer, for examination of improvement plans, field in- spection of construction of improvements and all necessary expenses incurred by City in connection with said improvements a sum in the amount of three and one-half (3-1/2) percent of the estimated cost of the improvements at the time of construction. (6) Owners shall file with City, upon execution of this agreement, surety acceptable to City in the amount of FIFTEEN THOUSAND FIVE HUNDRED DOLLARS ($15.500.00~ to insure full and faithful performance of the construction 0 all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owners will correct any defects which may appear in said improvement 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 pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final ac- ceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obliga- tions of Owners contained in this agreement shall be considered null and void. 2 of 4 (8) 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 said improvements. (9) Owners shall participate in and become a part of any special assessment district as described in paragraph (8) of this agreement. It is expressly understood that any obligations of Owners con- tained in this agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) 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 Owners shall file with City, upon execution of this agreement, a letter from said Sanitation District No.4 stating that Owners have made such de- posits or filed such bonds and entered into such agreements. (11) Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring cir- cuit to all electroliers within said real property when Owners are notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. (12) 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 distri- bution system to serve said real property, including fire hydrant. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans 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 easemnt 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. (14) Owners shall carry out any and all negotiations with all in- terested 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. 3 of 4 (15) Owners shall indemnify and save harmless the City of Campbell, the City Council, 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 sus- tained or arising in the construction or installation of said improvements due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (16) This instrument is and shall be considered to be an instrument affecting the right, title or interest in 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 JACK A. NELSON ELOISE A. NELSON (Notary Certificate) 4 of 4 ~~~thfu1 Performance Bond No. Premium KNOW ALL MEN BY THESE PRESENTS: Whereas, The City Council of the City of Campbell, State of Ca lifornia, and JACK A. NELSON and ELOISE A. NELSON (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ,19 ,and identified as ~JO (40) is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and , as surety, are held and firmly bound unto the City of Campbell, hereinafter called "City", in the penal sum of FIFTEEN THOUSAND FIVE HUNDRED--------------------------- ----------------------dollars ($15.500.00------) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, snd shall indemnify and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfu~ enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. I of 2 In witne~s whereof, this instrument has been duly executed by the principal and surety above named, on , 19____. WITNESS OUR ~NDS this 19 . - (Attach Acknowledgments ) (Both Principal's and ) (Surety's Attorney in fact) day of PRINCIPAL JACK A. NELSON ELOISE A. NELSON SURETY 2 of 2 TO: CITY CLERK Please collect and receipt for the following monies: P . W. F i 1 e No. Items Preliminary Environmental ImpAct Report Fee ($70.00) Storm Drainage Area Fee per acre ($1,500 R-l; $1,650 Multi-Res.; $1,800 all other) 3372 Plan Examination and Construction Inspection Fee (3-1/2% of value Acct. 3372 3370 3372 Tentative Parcel Map Filing Fee ($60.00) 3372 Tentative Tract Map Filing Fee ($120.00) 3372 Final Parcel Map Filing Fee ($120.00) 3372 Final Tract Map Fil ing Fee ($100.00) 3372 Vacation of Public Streets and Easements ($270.00) 3372 Assessment Segregation or Reapportionment ($250.00 for first plus $80.00 each additional) 3372 Lot Line Adjustment Fee ($160.00) 3372 Certificate of Compliance ($180.00) 3372 Map Revisions to Map Companies ($10.00) 3373 Copies of Engineering Maps and Plans ($0.50/SF) 3373 Work Area Traffic Control Handbook ($2.00) 3373 Project Plans and Specifications ($10.00) 3372 Excavation Permit Application Fee ($25.00) 3372 Excavation Permit Fee (3-1/2% of value) 3521 Cash Deposit 3521 Faithful Performance Deposit 3521 Maintenance Bond Deposit TOTAL Name JAC~ A. NeLSoi'J Address 13'U) WH-'i€' OAIGS ~D. FOR CITY CLERK ONLY Receipt No. Amount Paid Received by Date c2~/;;2 J!i] .LJ-.3 ~ 0 a CLH 5 - J '-/--R/ W.OI (40) , Amount 4<35' $ 435" Phone Zip .~'J-82.'L ~SoC8 Januarv 1 QAl CONSTRUCTION COST ESTIM~TES (75' FRO~-'SE) _ I.. { ; :,.. COMMERCIAL: Curb and gutter: 75 LF @ 10.00 S i dewa 1 k: 399 SF @ 4.00 Commercial driveway approach: 314 SF @ 6.00 = E1ectrolier: .4167 @ 2,200.00 Street trees (15 gallon): 2 @ 100.00 $ 750.00 1,596.00 1,884.00 916.74 200.00 $5,346.74 18' A.C.: (1350 SF)($0.30) (10") 33' A.C.: (2475 SF)($O.30) (10") $4,050.00 $7,425.00 Per Foot Cost Figures: No Pavement: Incl. 18' Pavement: Incl. 33' Pavement: $ 71.29 ~ 125.29-- 105,<:;8 L.r 170. 29-i (.,f~l?J 'OS,~ B'1I= ~ -:../:3.... "2..7t' -:: '2. I '1- D 5Tr,,,, 15;;' :J ') II .... .sc. /.1;.1"00 P"-I1. I! . c I.' '. . . . . ~ .. I ." '4' 4.. . . . '" ,. . 2.5' ',' . ' , . . .: . I' . . .4, : ~ ' . '. '" ". ". . . " . . . . 4' ~ ~ . , , . .,' . I ;. ~ _U T5' ---1 RESIDENTIAL: Curb and gutter: 75 LF @ 10.00 Sidewalk 245 SF @ 4.00 = Resident <:1 driveway approach: 295 SF @ ~.OO = E1ectrol er: .4167 @ 2,200.00 Street trees (15 gallon): 2 @ 100.00 $ 750.00 980.00 1,770.00 916.74 200.00 -- $4,616.74 $2,430.00 $4,455.00 18' A.C.: (1350 SF)($0.30)(6") 33' A.C.: (2475 SF)(SO.30)(6") Per Foot Ccst Figures: Nn Pavement: Incl. IS' Pavement: Incl. 33' Paverr~nt: $ 61. 56 93.96 120.96 . .1 .1 . . . . ,"LJ I . 4 , . , .' WI. 'j i' ,J'l- ; .. . . ,. . - .. . . ~ . . ~ , '.. "1:' 0 0 I .. .1 ... f.+ I ; '" . << , . :. ... , . . I. " : . . . . ... ,\ . '. . . . ,~ . " . . ~~~ 1 I ~ .~ I '0 '" I . 1'5"' --1 r ,r-) i\.- ~ ./16-'- /~L- CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 008 (408) 378-8141 Department: Planning February 18. 1981 Date: COND IT IONS ATTACHED TO "S" APPROVAL OF PLANS OF Mr. Jack Nel son warehouse/office building , FOR CONSTRUCTION OF 10.422 square foot TO BE LOCATED AT 1320 Whiteoaks Rd. Campbell. CA CONDITIONS: AS PER ATTACHED LIST: 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 February , 1981 CITY OF CAMPBELL PLANNING COMMISSION BY: d? ~ -/~ ARTHUR A. KEE, SECRETARY ld CONDITIONS OF APPROVAL - S 81-05 Application o~: Nelson, J. Page 1 1 2 3 4 5 6 7 n/a* Revised elevations and/or site plans to be approved by the Planning Director upon recommendation of the Architectural Advisor. within 30 days of Planning Commission approval. Property to be fenced and landscaped as indicated and/or added in red on plans. landscaping and fencing shall be maintained in accordance with the approved plan. Landscaping plan indicating type and size of plant material. and location of hose bibs or sprinkler system to be submitted for approval of the Site COMIT1,-ttee - prior to application for building perm; t. Fenc;ng plan indicating location and design details of fencing to be submitted for approval of the Planning Director prior to applica- tion for building permit. Applicant to either (l) 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 ~f parking areas prior to application for a building permit. Applicant to submit a letter, satisfactory to the City Attorney limiting the use of the property to: 2,918' square feet of office use, square feet of speculative industrial use, and 7 700 square feet of warehouse use. prior to issuance of a bu~lding permit. All mechanical equipment located on roofs to be screened as approved by the Planning Director. Building occupancy will not be allowed until public improvements are installed. CONDITIONS OF APPROVAl - S 81-05 Application of: Nelson, J. 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 appl ication is approved and permit issued by the Building Department. (Section 21.68.030 of the Campbell Municipal Code.) 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 level. G Applicant shall comply with all appropriate State and City require- ments for the handicapped. nfa 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. CON 0 I TI ONS OF APPROVAL - S 81-05 Applicdtion of: NeLon, J. Page 3 PUBLIC WORKS DEPARTMENT H. Pay balance of storm drainage area fee. I. Enter into an agreement and post surety to construct street improvements and agree to participate in a local improvement district in the future. J. Obtain an excavation permit for any work in the public right-of-way. K. Provide a grading and drainage plan for the review and approval of the City En gi neer. FIRE DEPARTMENT L. Provide "2A-10BC" fire extinguishers. M. Provide one on-site, street style fire hydrant, 185 feet east of Whiteoaks Rd. BUILDING DEPARTMENT N. First and Second floor office area shall require two stairs and two exits. Chapter 33. O. North elevation shall have 30" parapet above roof. Sec. 1709 U.B.C. STANDARD FIRE HAZARD ABATEMENT COW1ENT: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris adn weeds, until the time that actual construction commences. All existing structures shall be kept secured by having windows boarded up and doors sealed shut. or be demolished or removed from property. Sect. 11.201 & 11.414. 1979 Edition of Uniform Fire Code. 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. ....r"u I. C.'l,,)".".~ .I'M .te ..' ., '.... ......... ...., AT Iv. CoOot . ."ICTI. UTI..... "1.'.-.0 AL.'ltlll I. c:AllLSCl " \~ t" I .... iW.....' A~..L...:..CJP SiAN'" {J 1ftA c.ouw'" '.All'Dkt,UA '" "" " '. .5 61-05 .'...., .... " @ 377 . III . 13 (;:\ ~ 11.0.$. 9J/SS .).. ~ lJ.J lJ.J (C lJ.. "- - lJ.J ~ ~ o (C @ ~. ~.,,,. I (. .t!' 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