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2210 S. Winchester Blvd. (86-18) ~~B.~~~~!!! THIS AGREEMENT (identified as No. SC 102) ~de and entered into this oL day of v1t-t?) , 19~, by and between FRANK J. YOUNGBLOOD and DIANE YOUNGBLOOD husband and wife as joint tenants hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval to construct an office building upon that certain real property described in that certain Grant Deed recorded November 26, 1979 in Book E 964 of Santa Clara County Official Records at page 193 et seq commonly known as 2210 South Winchester Boulevard , Campbell , California, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to construct an office; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner hereby grants a license over said real property for vehicular ingress to and egress from the adjacent alley. (2) Owner shall construct and maintain at his own proper cost and expense, alleyway improvements across the entire alley adjacent to said real property. Said alley improvements to consist of asphalt pavement, a surface concrete swale and underground reinforced concrete pipe. Construction shall be completed within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (3) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. ~<: (107-) (4) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. 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 satisfaction 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. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of TWENTY-FIVE THOUSAND SIX HUNDRED DOLLARS ($25,600.00) 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 Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of completion of the work 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 completion of said improvements. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers,officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (9) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property commonly known as 2210 South Winchester Boulevard, Campbell, California. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (10) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (11) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, - or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (12) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (13) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. 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 Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL APPROVED AS TO FORM: OWNER: ~ Frank YRS-AGRE NOTARY FOR INDIVIDUAL SIGNATURE STATE OF CALIFORNIA I I ss. I County of ~~ f'J ~j On th i s 02 ...,u(;.... day 0 f ~ M .. a Notary Public in and for the County of 1 , 19 tfJV, before me, ~/-~-<-' ~ ;Z U~ ~c-Y../~ C&u.a--- , State of California, residing therein, duly commissioned and sworn, personally appeared t Odtil...., -{I ,c'-"~/ J~", ~ -' ~ f -Yrfre.~Y ~ personally known to me (or prove~ to me un the asis of satisfactory . nee) to be the person whose name ~ subscribed to the within instrument and acknowledged to me that --- ~/7 executed the same. IN WITNESS WHEREOF, I have hereunto set mY hand and affixed mY official seal of the aforesaid County and State the day and year in this certificate first above written. i' . OFFICIAL SEAL PATRICIA M. McCLURE ~OT.;~,( PU3L1C . CALIFORNIA SAW A CLARA COUNTY My CO;Tlm::::~1 e,;ires Feb. 15. 1992 7?c ~r~ Notary Public in and for the . ~~ "NOTARY SEAL II County of J-./..L ~ ,~ State of California My commission expires ~tJ;/.F ~ CITY OF CAMPBELL - COUNCIL REPORT tI>- Meeting Date: December 12, 1988 Item # Category: CONSENT CALENDAR Initiating Dept: Public Works Title: Resolution - authorizing the Mayor to execute an agreement with Frank and Diane Youngblood for the installation of improvements at 2210 Winchester Blvd. . RECOMMENDATION: That the City Council adopt a resolution authorizing the Mayor to execute an agreement with Frank and Diane Youngblood for the installation of improvements in the alley at 2210 Winchester Boulevard. DISCUSSION: An approval of an office building was granted to the owners on condition that they install improvements in the alley adjacent to the property being developed, and that they grant a license to access the alley through the owner's property at 2210 Winchester Boulevard. This agreement obligates the subdivider to install those . improvements within a year and records the grant of a license across the property. COSTS: -0- -- ...-- - ----- ....-- ............_----_..,.._-_._-~... -----~-"--.-.__..-.._-~...-.._-~,..- .' ... - .. .'- .... - .. .. - .... "~ RESOLUTION NO. BEING A RELOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FRANK AND DIANE YOUNGBLOOD TO INSTALL IMPROVEMENTS AT 2210 WINCHESTER BOULEVARD WHEREAS, Frank and Diane Youngblood executed an agreement to install improvements in the Alley next to their development at 2210 Winchester Boulevard as a conditon of approval to construct an office building; and WHEREAS, said agreement has been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of said City. PASSED AND ADOPTED this by the following vote: day of , 19 AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Mayor ATTEST: City Clerk rrJ-- - I-- ~- 1/::: 1--1' ..;:l- ~ ...- ) 1.!-'1+ , ~ __ "l -e Zo. - . · ~:; . It r--'" , I _~'\.... ~ lL 1- \fd' ""'CAMPBELC- .r -'I .J I '. , 'W \~ \ a _ JJ ~~ \ \ :0-- , :::) I I .. .! - 'It .. I, t" ~. ~ \ ". ~\, ~'\ ~ \\. .. ~ l'", ~.... I J. \~ ~ " . ......... .~ ~\ , L ......-r- ~ """""'" ... \ .. .. .. --' Ill, 1t;".J ~ - --- , \ J :::.\ ~q~ \-::l\..-- r.-.. r- iLl - __ ...-- .--,. r..!!!.... -- r-- -- -' -- - --li-;;;" -- )E - . - -..- -- .:- m 63'~ if:: - ...-- .--- 1--- H.'...",...:u . ~ \ -_f- l- I--- I--- r~ t= It ' ... ' tIT ~ WirHhU W L - ... - ... - '" - ~ 1 r1=:. SITE. a , , . :I , I ~ II - I I - c." -- ~I So" _.- -. _:. ---: - - - .!:.- ~.~ ~~ ~; f--- i I: ..~ ... f.- i---- 1--" , , II I I , I * I La. .......... A - ~", 'y, l- C.t.. . r If C.a'eI'- , , , A- I ~ J " . .~ ,. C \~ .... A,.. , " a L 1;- :1:')." w..... Dr. J .J I f , f d.. , '-- " . i A.." Aft. K ~~:. ~ ! i ~ ....., ;\~ Y / J; '\ I' '/ a \..... - -z / ~~'" ,~Ii~~ *9lw l-!:i .. 11 ~ "r J.. ~ /",_, "~ u H'tj '- ~ I ~I .....1.. , rnt f-- III" " .. - - - -Q :~ - - III - j r: CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Public Works Departmenf: September 30, 1988 Mr. & Mrs. Frank Youngblood 1156 Steinway Avenue Campbell, Ca. Re: 2210 Winchester Blvd. Dear Mr. & Mrs. Youngblood; About a month ago I sent you an agreement covering the paving of the alleyway adjacent to your new building, including a license to allow access to the alley. I am enclosing another copy of the agreement in case you have misplaced the first one. Since the alley has been paved the most significant portion of the agreement relates to the license of access. By executing the agreement you will limit the rights that the general public may acquire in the access across your property to a license rather than an easement. It appears to us that you would be interested in imposing such a limitation so wonder why you haven't returned the agreement. If you have any questions please call me at 866-2150. Sincerely: t:p::y~~Q Engineering Technician CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL. CALIFORNIA 95008 (408) 866-2100 Department:public Works August 26, 1988 Mr. & Mrs. Frank Youngblood 1156 Steinway Avenue Campbell, Ca. Re: 2210 Winchester Blvd. Dear Mr. & Mrs. Youngblood; Enclosed is an agreement to replace the one you previously submitted for your new building on Winchester Boulevard. The agreement covers the paving of the alleyway adjacent to your new building and a license to allow access to the alley. The main difference between this agreement and the one you previously supplied is that this version contains extensive wording dealing with the specifications of the improvements you built. Additionally there are some clauses holding the City harmless in case there had been an accedent during the construction. Please return a copy of the agreement signed and notarized. If you have any questions please call at 866-2150. ?=r~: ~~~ James Penoyer Engineering Technician r, V"Sl ~\"~C~_ " o'lcme & SOHJ Sanitation 9nc. P. O. BOX 1343 - CAMPBELL. CALIFORNIA 95008 - PHONE 379-5811 - RADIO DISPATCHED AUGUST 3, 1987 CITY OF CAMPBELL 70 N. FIRST ST CAMPBELL, CA 95008 ATTN: PUBLIC WORKS DEPT. RE: 2210 S. WINCHESTER BLVD. I, FRANK YOUNGBLOOD OWNER OF 2210 S. WINCHESTER BLVD. CAMPBELL, AGREES WITH THE CITY OF CAMPBELL TO MAINTAIN THE SECTION OF ALLEYWAY WHICH I IMPROVE. I ALSO WILL THE GRANT A LICENSE TO THE PUBLIC FOR ADDITIONAL ACCESS TO THE ALLEYWAY. IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CALL ME. THANK YOU, <~d/l;f / ~/A- FRANK ~"~ ." FY/le ( \ CONDITIONS OF APPRO~rtL: S 86-18 APPLICANT: Youngblood, F. SITE ADDRESS: 2210 S. Winchester Blvd. P.C. MTG. 10-28-86 f y{ c- /'7 ^,,/ 1,(If:~ <'. '(\~~ ~ ''\ ( The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 1. Revised elevations addressing redlining to be submitted to the Planning Department and approved by the Planning Director prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $3,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. 8. Building occupancy will not be allowed until public improvements are installed. 9. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 10. Underground utilities to be provided as required by section 20.16.070 of the Campbell Municipal Code. 11. 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. CONDITIONS OF APPROVAL: S 86-18 APPLICANT: Youngblood, F. SITE ADDRESS: 2210 S. Winchester Blvd. PAGE 2. 12. 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 Planning and Building Departments (Section 21.68.030 of the Campbell Municipal Code). 13. 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. 14. 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 and have a level area adjacent to the trash enclosure area to service these containers. 15. Applicant shall comply with all appropriate State and City requirements for the handicapped. 16. The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code. PUBLIC WORKS DEPARTMENT 17. Obtain an excavation permit, pay fees and post surety to modify driveway approach. 18~ Submit three copies of the on-site grading and drainage plans for review by the City Engineer. 19. Execute an agreement with the City covering the improvement and maintenance of the adjacent portion of the alley and grant of a license to the public for additional access to the alley. FIRE DEPARTMENT 20. One-hour occupancy separation required between parking and office space above. BUILDING DEPARTMENT No comments at this time. PLANNING COMMISSION 21. Lighting plan to come back to Planning Director for approval.