Parcel Map - 1992MEMORANDUM
To:
From:
Subject:
Tim Haley
Associate Planner
Lynette Dias
Planner I
Status of Campbell-Gateway
Date:
CITY OF CAMPBELL
September 10, 1992
The following are outstanding items relating to Campbell-Gateway
1. Fencing plan needs to be submitted and approved.
Tree locations for three 36 inch box trees must be determined. These tree
will replace the Chinese Pistache and Pine tree that were suppose to be
retained.
o
The Sycamore tree along Hamilton Avenue may be removed and
replaced with one 36 inch box tree (location to be determined), if the
applicant wishes.
On August 26, 1992, I met with Brad and the adjacent residential property
owners at the site. The following items were discussed:
ao
The masonry wall-- the residents all agreed that they would like an
eight foot fence and TBI agreed.
bo
Along Don Anderson's side property line, the wall will drop to six
feet at the back of his house, then at the second 90 degree turn (at
the rear corner of the landscape area adjacent to Don Anderson's
property and Esther Avenue) it will drop to four feet. This was at
Don Anderson's request.
Co
TBI expressed an interest in providing a break in the wall along
Esther Avenue to provide pedestrian access to the project. The
neighbors were very supportive of this and I stated that staff would
also be supportive.
do
Brad also showed me revised plans for the rear of Walgreens. The
plans indicated a smaller truck loading door and area, relocating the
trash enclosure so that it is adjacent to the loading area, and
continuing the walk along the north side of the building so~ that it
connects with the west side of the parking lot. I indicated that staff
would not have a problem with any of these changes and requested
that a revised site plan be submitted with these changes and the
masonry wall modifications.
TBI stated they would install the wall approximately eight inches in
front of the existing fence to allow the old fence to remain during
the construction of the new wall. After the new wall is completed
TBI will remove the old fences. I told them that staff would not
have a problem with this.
On Monday August 31, 1992, you and I met with Brad to discuss several
proposed minor changes to the project. These proposals are
summarized below:
bo
Co
Lighting Plan--the applicant proposed several changes to the
project's lighting plan. The only change we were concerned with
was the proposal to replace the light bollards along the residential
property line with standard pole lights. Staff requested a
photometric study to determine if the light would overflow onto
the adjacent residential properties.
Light Fixtures on Elevations--TBI would like to put four additional
light fixtures on the multi-tenant retail building. Staff requested a
cut sheet to determine if the lights are too ornate.
Trellis--TBI is not happy with the trellis. They are concerned that it
is not architecturally compatible and it will appear as an after
thought. They understands that the City would require this to go
back to the Planning Commission and City Council if they choose to
pursue removing the trellis. Also, TBI made it clear that it is not for
financial reasons and they would be willing to put the money that
the trellis would have cost back into the project.
IT¥ OF I MPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
lune 3, 1992
O'Connor Hospital, Inc.
c/o TBI-Hunter Storm
1960 The Alameda
San Jose, CA 95126
RE: Tentative Parcel Map -- PM 92-02
10-70 E. Hamilton Avenue and 1620-1690 S. Winchester Boulevard
APPROVAL OF TENTATIVE MAP
LANDS OF O'Connor Hospital
APN: 279-37-012, 88
SITE ADDRESS: 10-70 East Hamilton Avenue
Winchester Boulevard
and 1620-1690 South
Dear Applicant:
The Planning Director and Public Works Director have approved the
referenced Tentative Parcel Map based upon the mandatory finding that this
Tentative Parcel Map, together with the provisions for its design and
improyement, is consistent with the General Plan of the City of Campbell.
The final map shall be filed with the City Engineer for examination, approval
and recordation, in accordance with the provision of the Subdivision Map
Act.
This approval is subject to the following Conditions:
1. Process and file a parcel map.
Record cross easements for vehicular and pedestrian access and
parking.
3. Record cross easements for private storm drainage.
CITY OF I PBELL
O'Connor Hospital, Inc.
Re: Tentative Parcel Map -- PM 92-02
June 3, 1992
Page Two
4. Provide 5 sets of grading and drainage plans for review.
5. Pay storm drain area fees of $4,725.00.
6. Prepare plans, pay fees, post deposits and sureties as required to
obtain an encroachment permit for all work within the public right-
of-way.
7. Dedicate additional right of way on Hamilton Avenue to
accommodate "Boulevard Treatment" as shown on S 92-02 (10 foot
park strip art. d 7 foot sidewalk, with right of way at back of walk).
8. Dedicate additional right of way on Esther Avenue to 30 ft from
centerline.
9. Dedicate additional right of way along Winchester Blvd. as needed
to accommodate and construct a 10 foot sidewalk within public right
of way.
This approval is valid for two years and expires on June 3, 1995.
If you should have any questions regarding this approval, please do not
hesitate to contact the Planning Department at (408) 866-2140 or the Public
Works Department at (408) 866-2150.
Sincerely,
Tim J. Haley
Associate Planner
tjh:lb
a:pm92-02/p2
CITY OF CAMPBELL
O'Connor Hospital, Inc.
Re: Tentative Parcel Map --- PM 92-02
June 3, 1992
Page Three
APPROVED BY THE PLANNINVRECTO/~ June 3, 1992
Steve P'-" ~-"'~ ;'iasecki,~Dir'~ctor of Planning
APPROVED BY THE PUBLIC WORKS DIRECTOR ON: June 3, 1992
Donald C. Wimberly, Director ot[ Public Works
Enclosure:
1. Map
cc:
Kier & Wright Civil Engineers & Surveyors
3350 Scott Boulevard, Building 22
Santa Clara, CA 95054
Public Works Department
Fire Department
Building Department
PARKING ANALYSIS
(S 92-02/PM 92-02)
Parcel A Walgreens
14,300 sq. ft. retail building
@ 1:200 = 71.5 spaces
70 spaces provided 1:204
Deficit: 1.5 spaces
Parcel B Medical Office Building
20,000 sq. ft. office
@ 1:~5 = 88.8 spaces
79 spaces provided 1:253
Deficit: 10 spaces
Parcel C Multi Tenant Retail
13,600 sq. ft. retail
@ 1:200 = 68 spaces
68 spaces provided 1:200
Deficit: 0 spaces
TOTAL PROJECT
217 spaces provided
229 spaces required without joint use, shared parking
12 Deficit
*Note: Required mutual access easements for vehicular and pedestrian use.
MEMORANDUM
To:
F rom:
Tim Haley
Associate Planner
Michelle Quinney~
Senior Engineer
Subject:Tentative Parcel Map, PM 92-02
Campbell Gateway
Date: June 2, 1992
CITY OF CAMPBELL
We recommend approval of the tentative map subject to the following
conditions:
1.
2.
3.
4.
5.
6.
Process and file a parcel map.
Record cross easements for vehicular access and parking.
Record cross easements for private storm drainage.
Provide 5 sets of grading and drainage plans for review.
Pay storm drain area fees of $4,725.00.
Prepare plans, pay fees, post deposits and sureties as
required to obtain an encroachment permit for all work within
the public right-of-way.
Dedicate additional right of way on Hamilton Avenue to
accommodate "Boulevard Treatment" as shown on S 92-02 (10 foot
park strip and 7 foot sidewalk, with right of way at back of
walk).
Dedicate additional right of way on Esther Avenue to 30 ft
from centerline.
Dedicate additional right of way along Winchester Blvd. as
needed to accommodate and construct a 10 foot sidewalk within
public right of way.
f:92-02
CITY OF' ~AM~I~I='LI.
PLANNING D£1aAI~TM£NT
MEMORANDUM
To:
From:
Distribution
CITY OFCAMPBELL
May 11, 1992
Date:
Subject:
Referral of Tentative Parcel Map for 10-70 E. Hamilton Avenue and 1620-1690
S. Winchester Boulevard
Please find attached a Tentative Parcel Map for your review and
recommendation. Your comments and conditions are requested by the
response date indicated below. If a response is not received by that date, it will
be assumed that your office is recommending approval of this Tentative Map
and that no conditions are forthcoming.
If you should have any questions regarding the submitted map, or if you
should need any additional information, please do not hesitate to contact the
Project Planner at extension 2144.
FILE NO. PM 92-02
APN: 279-37-012, 88
Address: 10-70 E. Hamilton Avenue and 1620-1690 S. Winchester Boulevard
Project Planner: Tim Haley
Filing Date: May 8, 1992
Response Date: May 26, 1992
lb
a:pm92-02
Distribution:
Joan Bollier, City Engineer
Randy Bruegman, Fire Chief
Steve Piasecki, Planning Director
Frank Cauthorn, Building Official
Attachments:
(2) copies of map
Preliminary Title Report - Public Works Dept.
(1 copy of map) - Fire Department
TENTATIVE PARCEL MAP DEVELOP APPLICATION FORM
File No. ~fi7~ ~-~
10-70 E. Hamilton Ave.
Address: 1620-90 S. Winchester Blvd.
Property Owner:
APN: 279-37-12 & 88
(Associated City File: S92-02)
O'Connor Hospital, Inc.
c/o
TBI-Hunter Storm
i960 The Alameda, San Jose, CA 95126
Subdivider:
Engineer:
Kier & Wright Civil Engineers & Surveyors. Inc.
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Signature of Engineer:~~/~"~,
Signature of Owner~~~---~-
$ i
RECEIPT NOS:
Date:
Date: ~-~ ~-
CITY CLERK
PLEASE COLLECT AND RECEIPT
FOR THE FOLLOWING MONIES
PLANNING FILE NO. ~
~M
a. 1 + acres - General Plan Amendment $ 4~370
Zone Change 4~370
Planned Development PerPnit 4~]70
EIR Review 4~370
B. 0-1 acre-
General Plan Amendment 2,970
Zone Change 2,970
Planned Development Permit 2,970
EIR Review 2,970
Tentative Sub Map (5+ Lots)
a. Site and Architectural 10+ KS.F.
Tentative Parcel Map (4<Lob)
Site and Architectural 0-10 K S.F.
Variance (Non-residential)
Text Amendments
Use Permit
2,970
1,980
1,980
,/'
III.
MIs(;ellaneous:
a. Variance (Residential)
Modifications of Approval
Modification PD Permit
Reinstatements
Revised Development Schedule
Extensions of Time
Lot Une Adjustments
Site and Architectural (Res.) (Each house)
Signs (Each sign)
Fence Exception
Promotional Events
110
110
110
110
110
Appeals 0
Downtown Development Permit 0
Historic Preservation Zone, Use Permit, HP Permit 0
Other:
NAME
ADDRESS
FOR CITY CLERK ONLY:
Maps 5
General Plan Text 5
Zoning Ordinance 18
Copies (per page) 1
Refundable Deposit - Account #3521
/~-T£? ,,c, .~?/H~. ,t.,' / -
RECEIPT NO.
AMOUNT PAID~
RECEIVED
DAI~ BY ~.~,~_~_~=_~_
Exception for Major Projects:
it Is anticipated that the application processing costs of selected major projects
will significantly exceed the above fees. In these cases, the Planning Director may collect a
deposit and charge actual time spent to process the application based upon current
hourly rates.
Adopted Resolution No. 8131 by City Council, City of Campbell - 7/2/91
CiTY OF CAMPBELL
***************************************
]018 C0 0000 0511
05-88-92 1
,¢' ) ~
SALE MAP.~/PbBLI.HTN
ACCT, 801.307.3373
AMT
RECEIPT# 041784
i: 980.
PLAN #PM 92-0!
_.ok. 0¢:
TOTAL: I., '~'""
AMOUNT TENDERE[
CHECK, R8-~752
CHANGE, 00
oAYOR,
10-78 E. HAMILTON/' TBI-HUNTEF ~
--- THANK YOU VERY MUCH --
WE APPRECIATE "nil~, ~_~ BllolNEoc," ¢¢
KEEP THIS RECEIPT!
***************************************
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
HALLGRIMSON, MCNICHOLS,
McCANN & INDERBITZEN
40 S. Market Street, Suite 700
San Jose, CA 95113-2303
Attn: Steve Hallgrimson, Esq.
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
This Declaration of Covenants, Conditions, Restrictions
and Easements ("Declaration") is made as of
Campbell-Gateway Square, a California
( "Declarant" ) .
limited
, 1992 by
partnership
RECITALS
A. Declarant is the owner of certain real property
located in the City of San Jose, Santa Clara County, California,
commonly known as "Campbell-Gateway Square" and described as
Parcels A, B and C on the Parcel Map recorded ,
1992-in Book of Maps, Page , Official Records of Santa
Clara County, a copy of which is attached as EXHIBIT A (the
"Property").
B. Declarant intends to develop the Property as a high
quality mixed-use project and to subject the Property to the
easements, covenants, conditions and restrictions contained in this
Declaration for the mutual benefit of each of the Parcels, the
Owners and their respective heirs, successor and assigns.
NOW, THEREFORE, Declarant hereby covenants, agrees and
declares that the Property shall be held, conveyed, encumbered,
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leased, rented, used, occupied, sold, and improved subject to the
following covenants, conditions, restrictions and easements, all of
which are hereby declared to be for the purpose of enhancing and
protecting the value and attractiveness of the Property, and for
the benefit of each and all of the Parcels, the Owners, and their
respective heirs, successors and assigns. All of these covenants,
conditions, restrictions and easements shall constitute covenants
which run with the land and shall be binding upon Declarant, its
heirs, successors and assigns, and all parties having or acquiring
any right, title or interest in or to any part of the Property,
their heirs, successors and assigns, for the benefit of Declarant,
and all parties having or acquiring any right, title or interest in
or to any part of the Property, and their respective heirs,
successors and assigns.
ARTICLE 1
DEFINITIONS
The following terms used in this Declaration shall be
applicable to this Declaration and any amendments thereto and are
defined as follows:
1.1 Common Area. Common Area shall mean all of the
driveways, drive aisles, parking areas and facilities within the
Property and all lighting facilities, directional signs and
landscaped areas within the parking areas.
1.2 MaD. Map means the Parcel Map recorded
, 1992 in Book of Maps, Page __, Official
Records of Santa Clara County.
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1.3 Owner. Owner means any person or entity which is
the record owner of fee simple title to any Parcel.
1.4 Parcel. Parcel means any legal parcel within the
Property as shown on the Map.
ARTICLE 2
EASEMENTS
2.1 Reciprocal Parkinq/Access. Each Owner shall grant
to the other Owners a non-exclusive easement on, over, and across
that portion of the Common Area located on its Parcel for
pedestrian and vehicular ingress and egress to the Property and for
non-exclusive parking for the Owners, their tenants and their
respective employees, customers, invitees and contractors. The
easements granted shall be appurtenant to each of the Parcels and
shall run with the land. Declarant may, however, in its sole
discretion set aside up to ten (10) parking spaces on Parcel B for
theexclusive use of the Owner and tenants of Parcel B, and their
respective employees, customers, invitees and contractors, and an
additional twenty-five (25) parking spaces on Parcels B and C for
30 minute parking. No Owner shall do anything or permit anything
to be done within the Common Area which will prevent or interfere
with the other Owners' access to the Common Area, except for such
work as may be required for the maintenance and repair of the
Common Area and the buildings and other improvements on such
Owner's Parcel. Any necessary maintenance and repairs shall be
performed in such a manner as will minimize any interference with
the use of the Common Area.
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2.2 Storm Drain Easements. The Owner of Parcel B shall
grant to the Owners of Parcels A and C a non-exclusive easement on,
over and above that portion of Parcel B shown on EXHIBIT B for
storm drainage purposes. The Owner of Parcel C shall grant to the
Owners of Parcels A and B a non-exclusive easement on, over and
above that portion of Parcel C shown on EXHIBIT B for storm
drainage purposes. The foregoing easements shall be appurtenant to
the dominant Parcel and shall run with the land and burden the
servient Parcel. No buildings or other improvements shall be
constructed over the storm drain easements described above except
with the consent of the Owners.
ARTICLE 3
MAINTENANCE
3.1 Common Area. Each Owner sha~l maintain in good
condition and repair that portion of the Common Area located on
their respective Parcels at its sole cost and expense. Maintenance
of the Common Area shall include the following:
(a) Maintaining the surfaces of the parking areas in a
smooth and evenly covered and properly striped condition;
(b) Removing all papers, debris and refuse and
thoroughly sweeping the parking areas to the extent necessary to
keep the parking areas in a clean and orderly condition;
(c) Repairing and replacing any directional signs,
markers or lines;
(d) Operating, repairing and maintaining artificial
lighting facilities;
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(e) Maintaining all perimeter walls, if any, in good
condition and repair; and
(f) Maintaining and r~placing, as necessary, all
landscaped areas within the Common Area.
At least once every five (5) years, or on such other periodic basis
agreed to by the Owners, the entire parking area within the Common
Areas shall be resurfaced and restriped. Each Owner shall be
liable for its pro rata share of the cost of resurfacing and
restriping the parking area based upon the gross area of its Parcel
to the total gross area of all Parcels within the Property.
3.2 Storm Drainaqe Facilities. The Owners of Parcels B
and C shall maintain in good condition and repair the storm
drainage facilities located within the easements on their
respective Parcels. All routine maintenance and repair costs shall
be paid by the Owner of the Parcel containing the storm drain.
Each Owner shall, however, pay its pro rata share of the cost of
any replacements of capital items and other capital improvements to
the storm drainage facilities as such costs are incurred.
3.3 Buildinqs and Other Improvements. Each Owner shall
at all times keep and maintain its Parcel in good condition and
repair including all buildings and other improvements constructed
on its Parcel. If any building is damaged or destroyed by fire or
other casualty, the Owner shall promptly restore or rebuild the
building on its Parcel. So long as Walgreen Co. is a tenant or
Owner of the building on Parcel A, any building constructed or
reconstructed on Parcel B or C shall be constructed at
substantially the same location and of substantially the same
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configuration and height as the building originally constructed on
such Parcel.
3.4 Failure to Maintain and Repair. If any Owner fails
to maintain and repair the Common Area or the storm drainage
facilities on its Parcel, any other Owner may notify the
noncomplying Owner of the maintenance or repairs required to comply
with Sections 3.1 and 3.2 and request that such maintenance or
repairs be completed within a reasonable time, but not more than
sixty (60) days from the date of such notice. If the noncomplying
Owner fails to complete such maintenance or repairs within such
sixty (60) day period, or, if the work cannot be completed within
that period, the noncomplying Owner has failed to commence and
diligently pursue the required work within that period, the
notifying Owner shall have the right, but not the obligation, to
perform the necessary maintenance and/or repairs and to bill the
noncomplying Owner for the cost of such maintenance and/or repairs.
The noncomplying Owner shall reimburse the notifying Owner for the
cost of such maintenance and/or repairs within thirty (~0) days
after receipt of the Owner's written request for payment and a copy
of the invoices for the work completed. Any amounts not paid
within such thirty (30) day period shall bear interest at the
maximum rate permitted by law from the expiration of the thirty
(30) day period until paid. If the noncomplying Owner fails to
reimburse the notifying Owner within such thirty (30) day period,
the notifying Owner shall have the right to place a lien
("Maintenance Lien") against the Parcel of the noncomplying Owner
for the amount of the payment due, any interest accrued thereon,
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and all reasonable costs expended by the Owner, including
attorneys' fees and costs, to collect such payment and/or enforce
the Maintenance Lien. The Owner shall have the right to record and
enforce the Maintenance Lien in accordance with California law
applicable to the exercise of powers of sale or any other manner
permitted by law. No action shall be brought to foreclose a
Maintenance Lien or to proceed on the power of sale herein provided
less than thirty (30) days after the date a notice of claim of lien
is deposited in the United States certified or registered mail,
postage prepaid, to the Owner of such Parcel, and a copy thereof is
recorded by the notifying Owner in the Office of the Recorder of
Santa Clara County; the notice of claim must recite a good and
sufficient legal description of the affected Parcel, the record
Owner or reputed Owner thereof, the amount claimed, and the name
and address of the claimant. In addition tQ the foregoing, the
notifying Owner shall have all other remedies available at law or
in equity including the right to bring an action to enforce the
provisions of Section 3.1.
3.5 Riqht to Enter. Each Owner and their respective
agents, employees and contractors shall have the right to enter
upon any Parcel to perform any maintenance or repair as permitted
by Section 3.4
ARTICLE 4
LIMITATIONS ON USE
4.1 Buildinqs. During the term of the Lease dated
, 1992 between Declarant and Walgreen Co., including
any extensions or renewals thereof, neither Declarant nor any other
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Owner shall operate or lease to a person or entity for the
operation of:
4.1.1 A drug store or prescription pharmacy or for
any other business requiring a qualified pharmacist or other person
authorized by law to dispense medicinal drugs, directly or
indirectly, for a fee or remuneration of any kind (other than as a
part of in-office treatment of a patient by a medical
professional);
4.1.2 A business in which alcoholic beverages are
sold for consumption off the premises (excluding the sale of beer
and wine as a component of a food service business); or
4.1.3 A business in which photographic film or
photofinishing services are offered for sale (except for
photofinishing services provided as an incidental part of the
business of the Owner or tenant in question).
4.2 Common Area. Parking within the Common Area shall
be limited to use by the Owners and their tenants and their
respective employees, customers, invitees and ~ontractors while
conducting business with any of the Owners or their tenants. No
Owner shall grant any parking rights to any other person or entity
without the prior consent of the other Owners. Loading and
unloading shall take place in designated areas only. No overnight
parking shall be permitted.
F:\r~l \70012:T0040-167:06/25/92:1:35pm
-8-
ARTICLE 5
INDEMNIFICATION
Each Owner shall indemnify, defend and hold harmless the
other Owners and their respective officers, directors,
shareholders, partners, and employees from and against any and all
claims, damages, liabilities, causes of action, demands, losses,
costs and expenses, including reasonable attorneys' fees and court
costs, arising from such Owner's failure to comply with the terms
of this Declaration or from the negligence or willful misconduct of
such Owner, its agents or employees in connection with the
maintenance or use of the Common Area by such Owner, its employees,
agents, or contractors.
ARTICLE 6
INSURANCE
Each Owner shall carry commercial general liability
insurance insuring the Owner against bodily injury, death, and
property damage in a combined single limit of at ieast
$3,000,000.00. Each Owner may, in its reasonable discretion,
provide for such insurance coverage by a self-insured retention
that is equal to the self-insured retention for other potential
general liability claims of the self-insuring Owner. Each Owner's
policy of commercial general liability insurance shall name the
other Owners as additional insureds with respect to the Common
Area. Each Owner shall provide the other Owners with a certificate
of insurance as evidence that the required insurance is in effect.
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ARTICLE 7
NO DEDICATION
Nothing in this Declaration shall be deemed to be a gift
or dedication of any portion of the Property to the general public
or for any public purpose whatsoever. It is the intention of
Declarant that this Declaration shall be strictly limited to the
purposes expressed herein, provided that nothing shall preclude
such dedication in the future. Any proposed dedication of any
portion of the Common Area shall be subject to the mutual consent
of the Owner or Owners.
ARTICLE 8
TERM
The easements, covenants, and obligations set forth in
this Declaration shall continue in full force and effect in
perpetuity from the date hereof, unless this Declaration is amended
by an agreement executed, acknowledged and recorded by the then
Owners of the Property. The Property shall hereafter be held,
transferred, sold, leased, conveyed and occupied subject to or
benefitted by the easements, covenants, and obligations set forth
herein, which shall run with the land.
ARTICLE 9
ATTORNEYS' FEES
If any Owner brings an action or proceeding at law or in
equity to enforce, interpret or redress the breach of this
Declaration, the prevailing party in such action shall be entitled
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to its litigation expenses and reasonable attorneys' fees incurred
in such action or proceeding and in any appeal brought in
connection therewith, in addition to all other relief as may be
allowed by law. "Prevailing party" within the meaning of this
section shall include, without limitation, a party who brings an
action or proceeding after the other's breach or default and such
action is dismissed upon the other party's payment of the sum
allegedly due or performance of the covenant allegedly breached, or
if the party obtains substantially the relief sought by it in the
action or proceeding.
ARTICLE 10
NOTICES
Ail notices called for pursuant to this Declaration shall
be given in writing by personal delivery or by United States mail,
and shall be deemed communicated when received. Mailed notices
shall be addressed as set forth below, but either party may change
the other in
its address by giving written notice thereof to
accordance with the provisions of this article.
To: Declarant:
Campbell-Gateway Square
c/o Toeniskoetter & Breeding, Inc.
1960 The Alameda
San Jose, CA 95126
Attn: Mr. Brad Krouskup
Copy to:
Hallgrimson, McNichols,
McCann & Inderbitzen
40 S. Market Street, Suite 700
San Jose, CA 95113-2303
Attn: Steve Hallgrimson, Esq.
F:~r~l \70012:T0040-167:06/25/92:1:35pm
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ARTICLE 11
AMENDMENT
This Agreement shall not be amended except by the written
agreement of the parties.
ARTICLE 12
SUCCESSORS
This Declaration shall bind and inure to the benefit of
the respective heirs, successors and assigns of each Owner.
DECLARANT
Campbell-Gateway Square, a
California limited partnership
By TBI-Hunter Storm, a
California general partnership,
General Partner
By TBI-Gateway Square, a
California general
partnership, General Partner
By
Charles T. Toeniskoetter,
General Partner
By.
By
Dan L. Breeding,
General Partner
Derk K. Hunter,
General Partner
By
Deke Hunter, Jr.
General Partner
By
Edward D. Storm,
General Partner
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PARCEL MAP
[to be attached]
EXHIBIT A