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1311 Camden Avenue UP85-07 '. 4. . CONSEN CALENDAR Resolution and Minute Action - appr payment - street improvement reimb en v nue f. I L.L- ~ 4- - OPt/II {{A!;- (J-O- L, ng Tire Store, RECOMMENDATION: (1) That the City Council adopt a r solution approving a budget adJust- ment to appropriate $10,000 for the reimbursement of st~eet improvement cos ts. (2) That the City Council take minu e action authorizing the street im- provement reimbursement. DISCUSSION: In September, 1985, th City Council adopted a resolution authorizing the transfer of $10,00 from unappropriated gas tax funds to provide for partial reimbursement f street improvement costs for proposed construction along the frontage of the 4-Day Tire Service property at 1311 Camden Avenue. The construction 0 improvements was determined to be jointly beneficial to the City and the abutting land owner. On March 4, 1986, the City Council rights-of-way acquisition, agreed to $20,000. The abutting land own required street improvements. in executive session for possible o increase the reimbursement amount r then proceeded to contract for the . . The street improvements have been ompleted in accordance wtth the plans and specifications, and it is ther fore appropriate to provide reimburse- ment at this time in the amount of $20,000. COST: $20,000 . ..NRED 8Y PUBL I C WORKS I Nr"1DA December 16, 1986 RESOLUTION N . BEING A RESOLUTION OF HE CITY COUNCIL OF THE CITY OF CAMPBELL APPRO ING AN ADJUSTMENT TO THE 1986-87 FISCAL YEA BUDGET WHEREAS, there has been presente to the City Council a request for funds not originally authori ed in the 1986-87 fiscal year budget; and WHEREAS, funds are available in he Unappropriated Gas Tax Fund balance in support of this expen iture; NOW, THEREFORE, BE IT RESOLVED t transfer of $10,000 from Unappro 705.483.8314, Improvements Other Camden Avenue Median Islands. City Council authorize riated Gas Tax to Account No. Than Buildings, Project 83-14, PASSED AND ADOPTED this 1986, by the following vote: ay of AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: A PROVED: . Mayor ATTEST: City Clerk ) tITY OF PBELL REQUEST fOR BUDGE ADJUSTMENTS Department/Program Division Date Request No. Public Works DecenDer 9 1986 nsfer To be Reduced Bud et Item Amount To be Increased Acct. No. Bud et Item Amount 3-2290 Unappropriated Gas Tax Unappropriated Gas Tax $10,000 705.483.8314 Improvements Othe $10,000 Than Buildings, Project 83-14, Camden Avenue Median Islands . Reason for Request (be specific): Construction contribution for existing st eet improvements relocation funds Avana ?,A "', ~Finance Direct r November 25, 1986 Mr. Bill Helms Acting Director - Public Works City of Campbell 70 North First St. Campbell, CA 95008 Dear Mr. Helms: This letter is to request that the $20,000 Lansdale & Carr for improvements made to t walk in front of our new 1311 Camden Avenu the next possible af,enda for city council conversation yesterday, you mentioned that meeting would be in mid-December and the a that meeting is December 2. R. F':''''::n~~D . ",-;.., ""- -- 1; 'lQ' 't'll ' " DEG 01 jGB6 PUBliC ~h)"I\.} ENGINEERmlr reimbursement due e street and side- store be put on pprova1. In our the next council enda deadline for As you know, our insurance agent is workin with Mr. Jim Penoyer to provide the necessary performance or ma.ntenance bond for $12,000 for the 12 month period after proj our understanding that you will require ac prior to the return of our cash deposit or reimbursement. I hope you can secure the approvals for the reimbursement while we a collateral to avoid further delays. Pleas there is anything else I can do to expedit ct acceptance. It is eptab1e collateral the $20,000 city ecessary council e arranging for let me know if this reimbursement. Dave Valkenaar, Chuck Gomez and the others in your department were very helpful to us during this proces. I appreciate your assistance and patience during the past fe months. Si~erelY, , I qey TR:sj :EPsdale &@r 17622 Armstrong Ave Irvine, California 92714-5791 Phone 714 250-9244 TLX 181-689 4day Tire Stores, Retail, wholesale, California, Arizona, Texas, Kansas, Missouri, Washington 714 250-9244 Shamrock Golf Shops, Pro line clubs, retail 714 250-0873 Dorman- Winthrop, Men's clothing, retail 714 261-6454 Macho Tire Co. Truck/off-road tires, California, Texas, Georgia 714 250-0878 Shamrock Golf Co, Mfr of Shamrock & Quantum pro line golf clubs 714 250-0873 4day Enterprises, Passenger & truck tire retreading, California, Georgia 714 250-9244 Telepro, Golf clubs, mail/phone order 714 250-9141 Teletire, Auto tires & wheels, mail/phone order, California, Pennsylvania 714 250-9142 Lansdale, Carr & Baum, Advertising agency 714 250-3303 ( CITY OF CAMPBEll 70 NORTH FIRST CAMPBELL, CALIFORNIA (408) 866-2100 STREET 95008 Department: Publ ic Works April 29, 1986 Mr. Tom Rainey Lansdale & Carr 17622 Armstrong Avenue Irvine, CA 92714 SUBJECT: 1311 CAMDEN AVENUE - STREET IMPROVEMENT CONSTRUCTION UP 85-07 Dear Mr. Rainey: This letter will confirm our conversation of 4/28/86 regarding construction of off-site improvements as a requirem nt of Use Permit 85-07. On March 11, 1986 the City of Campbell agreed to reimburse your company in the amount of $20,000 to partially defray the cost of off-site improvements provided that those improvements were completed in accordance with City specifications by May 11, 1986. You have advised us that unforeseen d to be revised so that your contractor and complete the work prior to June 1 have again caused your schedule now start construction on May 15 The City hereby agrees that the $20,0 0 reimbursement will be made provided that your company adheres to this rev sed schedule. Due to budgetary con- cerns, additional time extensions are unlikely beyond the dates specified. Please contact me at 408/866-2150 if ou should have any questions. Very truly yours, Joseph Ell iott Director of Public Works ((;up L-. I V--- "B\'-~- ~. He 1 ms Engineering Manager BMHlle I. i: , ~ 1: ( CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Works Mr. Don Carr Lansdale and Carr 17622 Armstrong Avenue Irvine, CA 92714 March 11, 1986 Dear Mr. Carr: SUBJECT: 1311 CAMDEN AVENUE - STREET 1M ROVEMENT CONSTRUCTION This will confirm our recent conversatio with your representative, Mr. Torn Collins of 4-Day Tire Stores, regard ng City participation in the street improvement costs abutting the pr perty at 1311 Camden Avenue. The City staff previously prepared stree required work. The construction of all those plans and to the City's standard s offsite street improvement requirements site in connection with your tire servic The City of Campbell hereby agrees that improvements and upon the City Council's for maintenance the City will reimburse as a contribution toward the cost of tho contingent upon the dedication of the ne for the installation of these improvemen improvements within 60 days of this date improvement plans for the f the improvements, as shown on ecifications, will satisfy the f this application for use of the operation. pon completion of those acceptance of those improvements our firm in the amount of $20,000 e improvements. This offer is essary right-of-way to the City s, and the construction of the Please contact me if you should have any questions regarding this construction. Sincerely, Joseph Elliott Director of Public Works Original Signed By. Bill M. Helms Engineering Manager BMH:lj MEMORANDUM ,~"Of (,<\'''~P6'''',. l./ . .-- 0.'...... * . '<:'. * (, . q " - ;. "< ,.08 0 Ell C p.,\\\ -~,Ii.C: S':?- 14- CITY OF CAMPBELL To: Kevin Duggan, City Manager Date: Februa ry 25, 1986 From:;V;oe Elliott, Director of Public Works Su~e~: STREET IMPROVEMENT PARTICIPATION - 1311 CAMDEN AVENUE, CAMPBELL --------------------------------.-------------------------- In September, 1985, the staff recommend d to the City Council that the City contribute $10,000 towards the construe ion of improvements along the frontage of the property located at 1311 Camden venue in order that the City could proceed with the construction of the Ca den Avenue Median Islands improve- ments (Project 83-14) without the requi ements of acquiring right-of-way and constructing street improvements at the above location. The attached memo- randum dated September 12 and the subse uent budget adjustment detail the reasons for that request. Recently it has been brought to the sta Stores, the owners of the subject prope ment bids from several private contract $45,000; because that figure is conside estimates, 4-Day Tire Stores have indic to proceed with the development of the development it would require that the C acquire the necessary right-of-way in 0 Median Islands project. - Discussions with representatives of the company indicated that with an addi- tional contribution from the City to he p defer the cost of these improvements, the company could proceed at this time. The attached letter outlines their re- quest for a total cost participation of $20,000 from the City of Campbell. The staff recommends that the Council autho ize an additional $10,000 from unap- propriated gasoline tax. f's attention that 4-Day Tire ty, have obtained street improve- rs. The bids were in excess of ably higher than the preliminary ted that they are not in a position ite. If they should delay their ty construct these improvements and der to proceed with the Camden Avenue COST: $10,000 BH/le attach. d'?- ~ .A!t-L/.A!fL'/t/~~t / d~ /fk~A/?~ /;'~'t'.l-t. I- efI- -1-/ jL- ~. RESOLUTION NO. BEING A RESOLUTION F THE CITY COUNCIL OF THE CITY .OF CAMPBEL APPROVING AN ADJUST- MENT TO THE 1985-86 FISCAL YEAR BUDGET WHEREAS, there has been present d to the City Council a re- quest for funds not originally uthorized in the 1985-86 fiscal year budget; and WHEREAS, funds are available in the Unappropriated Gas Tax Fund balance in support of an e penditure; NOW, THEREFORE, BE IT RESOLVED transfer of $10,000 from Unappr 705.483.8314, Design Engineerin Camden Avenue Median Islands. PASSED AND ADOPTED this 1985, by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: ATTEST: Anne G. Coyne, City Clerk hat the City Council authorize priated Gas Tax to Account No. , Improvements Other Than Buildings-- day of APPROVED: Mayor Department/Program Pub 1 i c Works To be Reduced Bud et Item 3-2290 Unappropriated Unappropriated Gas Tax . /'Gas' Tax CITY OF C PBELL REQUEST FOR 8UDGE ADJUSTMENTS Division Date Request No. Septembe r 17, 1985 Bud et Tr nsfer Amount 10,000 Reason for Request (be specific): Acct. No. 705.483.8314 To be Increased Bud et Item Amount Design Engineer- ing--Improvements ther Than u i 1 d i ngs--Camden venue Median Islands $10,000 Construction contribution for existing street improvements relocation Appropriation Requested: De Funds Available: Finance Director February 10, 1986 Mr. Bill Helms Engineering Manager City of Campbell 70 North First Street Campbell, CA 95008 Re: File No. UP85-07 1311 Camden Ave. Campbell I would like to thank you for your regional manager, Mr. Tom Collins. Mr. informed me of the conversation and of t he brought to your attention. As stated, we would like to meet all you However, especially the cost of the off- far above our original estimate. It wou appreciated very much if the City of Cam contribute at least $20,000 to cover a p site work, required by the city. It is clear that we do not expect amount to be reimbursed to us until completed and approved by the city. RECEI\Jt:D FE B 1 3 198& PuBLIC WUi-{t\$ ENGINEERING lness to our ollins has e letter which requirements. ite work is d therefore be bell could rt of the off- ve mentioned ctual work has been With the kind of help, described above, e should be able to initiate the off-site work no later than March 31, 1986. We hope that the above proposal will be et with the approval of the city council. Sincerely yours, ~~~ Don Carr President DC:sj cc Tom Collins Efsdale &@r 17622 Armstrong Ave Irvine, California 92714 Phone 714 250-9244 TLX 181-689 17622 Armstrong Ave Irvine, California 92714 Phone 714 250-9244 TLX 181-689 4day Tire Stores, Retail, wholesale, California, Arizona, Texas & Kansas 714 250-9244 4day Golf Shops, Pro line clubs, retail 714 250-0873 Dorman- Winthrop, men's clothing, retail 714 261-5719 Macho Tire Co. Truck/off-road tires 714 250-0878 Shamrock Golf Co, Mfr of Shamrock & Quantum pro line golf clubs 714 250-0873 4day Enterprises, passenger & truck tire retreading 714 250-9244 Telepro, Golf clubs, mail/phone order 714 250-9141 Teletire, Auto tires & wheels, mail/phone order 714 250-9142 Lansdale, Carr & Baum, advertising agency 714 250-3303 ( .) CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Publ ic Works October 29, 1985 Mr. Don Carr Lansdale & Carr 1]622 Armstrong Avenue I rv i ne, CA 92714 SUBJECT: 1311 CAMDEN AVENUE - STREET IMPROVEMENT CONSTRUCTION Dear Mr. Carr: This will confirm our recent conversation with your representative, Mr. Tom Collins of 4-Day Tire Stores, regardin City participation in the street improvement costs abutting the propert at 1311 Camden Avenue. The City staff previously prepared str et improvement plans for the required work. The construction of all of the improvements, as shown on those plans and to the City's standard specificati ns, will satisfy the offsite street improvement requirements of this appl i ation for use of the site in connec- tion with your tire service operation. The City of Campbell hereby agrees that upon completion of those improvements and upon the City Council IS acceptance of those improvements for maintenance the City will reimburse your firm in the amount of $10,000 as a contribution toward the cost of those improvements. This offer is contingent upon the dedication of the necessary right-of- ay to the City for the installation of these improvements, and the constructi n of the improvements within 60 days of this date. Please contact me if you should have ny questions regarding this construc- tion. Very truly yours, Joseph Elliott Director of Public Works Bill M, Helms Engineering Manager BMH/le RESOLUT I ON NO. '( 04 BEING A RESOLUTION 0 THE CITY COUNCil OF THE CITY .OF CAMPBELL APPROVING AN ADJUST- MENT TO THE 1985-86 ISCAl YEAR BUDGET WHEREAS, there has been presented to the City Council a re- quest for funds not originally a thorized in the 1985-86 fiscal year budget; and WHEREAS, funds are available in the Unappropriated Gas Tax Fund balance in support of an expenditure; NOW, THEREFORE, BE IT RESOLVED that the City Council authorize transfer of $10,000 from Unappropriated Gas Tax to Account No, 705.483.8314, Design Engineering, Improvements Other Than Buildings-- Camden Avenue Median Islands. PASSED AND ADOPTED th i s '1 1985, by the following vote: d y of <S: 6-(J I AYES: Counc i 1 men: ,. NOES: Counc i 1 men: ABSENT: Councilmen: APP OVED: Mayo r ATTEST: Anne G. Coyne, City Clerk Department/Program Publ ic Works To be Reduced Bud et Item o. 3-2290 Unappropriated Unappropriated Gas Tax ' /<Gas' Tax CITY OF C PBELL REQUEST FOR BUDGE ADJUSTMENTS Division Date Request No. September 17, 1985 Bud et Transfer Amount 10,000 Reason for Request (be specific): Acct. No. 05.483.8314 To be Increased Bud et Item Amount Design Engineer- ing--Improvements ther Than ui Idings--Camden venue Median Islands $10,000 Construction contribution for existing st eet improvements relocation Appropriation Requested: De Funds Available: Finance Director MEMORANDUM To: Kevin Duggan, City Manager From: Joe Ell i ott, Director of Pub 1 i c Works CITY OF CAMPBELL Date: September 12, 1985 Subject: 1311 CAMDEN AVENUE--STREET I MPROVEMENT CONSTRUCT ION A Federal grant was received for the c Camden Avenue between White Oaks Road tion of that median island at its most the angle point in the existing curb f Herbst gas station at 1311 Camden be r real ignment, it is necessary to acquir right-of-way from the abutting propert The City staff has been in contact wit tion over an extended period of time, right-of-way in order to accompl ish th telephone communication indicated that right-of-way available to us for appro costs of any existing facilities. Thi pay for the total cost of the street i approximately $30,000. Recently the property at 1311 Camden A Company. This company proposes to mod the sale of tires at this location. A through the Planning Commission that w with 4-Day Tire Company representative plans for development of the site are future, and they are not willing at th right-of-way and/or to construct the r formal negotiations with representativ in a prel iminary agreement that they w the construction of street improvement contribute $10,000 towards the constru Public Works staff feels that this is that the City Council authorize the ex special gasoline taxes for this purpos BH/le nstruction of a median island on nd Bascom Avenue. The installa- desirable location requires that onting an abandoned Terrible aligned. In order to cause this approximately 1100 square feet of owner. the Terrible Herbst Oil Corpora- ttempting to obtain the necessary curb real ignment. The most recent they would consider making that imately $11,000 plus relocation would have required that the City provements, which are estimated at enue was sold to the 4-Day Tire fy the existing building to allow appl ication has been processed uld allow this use. Discussions , however, indicate that their or some indefinite time in the s time to dedicate the necessary qui red street improvements. In- s of the tire company have resulted uld dedicate land and proceed with at this time if the City would tion of these improvements. The n equitable solution and recommends enditure of $10,000 from unallocated ( t. CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Plarming JlIDe 26, 1985 Tom Collins 11776 W. ~ttn. View Rd. Tracy, CA 95376 RE: UP 85-07 1311 Camden Ave. Dear Mr. Collins: At its meeting of June 25, 1985, th Planning Commission approved the above referenced appli ation, subject to the attached conditions. If you have questions regarding thi approval, please do not hesitate to contact the Plannin Office. Sincerely, AR1HUR A. KEE PLANNING DIREC1DR ')? ///t ! t'V C /"1.-/,- r d'N '( ~ 7' L HARTY e". WOODWORTH / PLANNER I I !\CW: lj {" CONDITIONS OF APPROVAL: UP 85-07 APPLICANT: Mr. Tom Collins SITE ADDRESS: 1311 Camden Ave. ( P.C. HTG. June 25, 1985 The applicant is notified as part of this pp1ication that he/she is required to meet the following conditions n accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 1. Revised elevations and site plan to be ubmitted 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 hall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and si location of irrigation system to be sub and approved by the Site and Architectu Planning Commission prior to issuance 0 4. Applicant to either (1) post a faithful of $3,000.00 to insure landscaping, f areas within 3 months of completion of agreement to complete landscaping, fenc areas. Bond or agreement to be filed w to application for a building permit. e of plant material, and itted to the Planning Department a1 Review Committee and/or a building permit. performance bond in the amount ncing, and striping of parking onstruction; or (2) file written ng, and striping of parking th the Planning Department prior 5. Applicant to submit a plan to the P1ann ng Department, prior to installation of PG&E utility (transform r) boxes, indicating the location of the boxes and screening (if boxes ar above ground) for approval of the Planning Director. 6. All mechanical equipment on roofs and a I utility meters to be screened as approved by the Planning Director. 7. Building occupancy will not be allowed nti1 public improvements are installed. 8. All parking and driveway areas to be de eloped in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curb or bumper guards. 9. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. 10. Plans submitted to the Building Depart ent for plan check shall indicate clearly the location of all c nnections for underground utilities including water, sewer, electric, tele hone and television cables, etc. { CONDITIONS OF APPROVAL: UP 85-04 APPLICANT: Collins, T. SITE ADDRESS: 1311 Camden Ave. PAGE 2 r 11. Sign application to be submitted in ac ordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Plann ng and Building Departments (Section 21.68.030 of the Campbell Hun cipal Code). 12. Ordinance No. 782 of the Campbell Huni ipal Code stipulates that any contract for the collection and dispos I of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Compan. This requirement applies to all Single-family dwellings, multiple apar ment units, to all commercial, business, industrial, manufacturing, a d construction establishments. 13. Trash container(s) of a size and Quant development shall be located in area(s Unless otherwise noted. enclosure(s) s surrounded by a solid wall or fence an specified by the Fire Department. All grade level and have a level area adja service these containers. ty necessary to serve the approved by the Fire Department. all consist of a concrete floor have self-closing doors of a size nclosures to be constructed at ent to the trash enclosure area to 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. 15. The applicant is hereby notified that e property is to be maintained free of any combustible trash, debris a d weeds, until the time that actual construction commences. All exi ting structures shall be secured by having windows boarded up and doors ealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code. PLANNING DEPARTMENT 16. Use to be conducted entirely within an tire storage is allowed and no outside nclosed building. No outside ork on cars is allowed. 17. Rear door and windows to be kept closed at all times. 18. Building shall not be occupied as a tir conditions of approval are satisfied an Permit from the Building Department. store until such time as all the project receives an Occupancy 19. Approval of this Use Permit terminates he use of the property as a gas station. A return to a gas station use will require approval of a new Use Permit. 20. Project to be reviewed by the Planning ommission within 6 months of the date of occupancy. 21. Use permit shall be void unless within ne year from date of approval a building permit is obtained and const uction completed one year thereafter. t' T' CONDITIONS OF APPROVAL: UP 85-04 APPLICANT: Collins, T. SITE ADDRESS: 1311 Camden Ave. PAGE 3 FIRE DEPARTMENT 22. Existing underground tanks, pumps, an piping shall be removed prior to occupancy of tire store. PUBLIC WORKS DEPARTMENT 23. Dedicate additional street plan right of way as shown in red on plan. 24. Construct street improvements on Camd n Ave. in accordance with new right of way alignment. BUILDING DEPARTMENT No comments at this time. I -J J " · ,J: J! . -1J...J... _ -1-1 I J ~ r · .J. J j , ' J -1....1L~ ~ L - - \, ,\ I j ~ -,.J I_f. -_J'J "the best bad guy in the west" December 26, 1984 ~*' '\. c~ &~ ~ J. Robert Dempster, Esq. 20325 Stevens Creek Blvd. Cupertino, CA 95019 Re: 1311 Camden Ave. Campbell, California Dear Mr. Dempster: This is to confirm our conversat.on of this date regarding your letter of December 17, 1984 to Jerry Herbst advising of the City of Campbell's purchasin a small piece of property from Terrible Herbst, Inc. at th above referenced address. As we discussed, Jerry Herbst has advised that the figure of $10.00 per square foot for the described land is accept- able providing: .1. The City of Campbell shall install new curbs and gutters as per the s ecifications of Terrible Herbst, Inc. 2. If it is necessary for be removed, this shall b of the City of Campbell. Terrible Herbst signs ne shall be re-erected on t . property in an area desi and at the expense of th y Terrible Herbst signs to done by arid at the expense Additionally, should any d be removed, the same signs e remaining Terrible Herbst nated by Terrible Herbst by City of Campbell. 3. Terrible Herbst, Inc. sh 11 have the right to continue operating a gasoline ser ice station on the remaining Terrible Herbst property. We trust the above is acceptable 0 the City of Campbell and look forward to your response. Thank you. .. :;:.~~. ~ 11ich ~ /i:: Cont~fler ~l<n Las Vegas Blvd., South Las Vegas, Nevada 89119 (702) 798MOO J. ROBERT EMPSTER J. ROBERT DEMPSTER ATTORNEY T LAW WILLIAM R. SEL1GMANN 20325 STEVENS CREEK BOULEVARD CUPERTINO, CALI ORNIA 95014 December 26, 1984 AREA S9DE 408 ~ .. TtLEPHOl'JE 252-1111 REcetvED" Mr. Joe Elliott City of Campbell 70 North First St. Campbell CA 95008 Dear Joe: DEe 3 1 1984 t. !i"" lAV'I.' \ .\J v\L l ~,; . rf': .~ 1....*'. ..J....Lt.KAI'\'~ I this day conferred ith Mike Roop, who represents Mr. Jerry Herbst of the Ter ible Herbst gas station corporation. After considerable di cussion it was agreed that they would accept our offer of $10.00 per square foot for any and all property we take be onging to the Terrible Herbst corporation. There are three other conditions involved in the settlement of this case, as follows: 1) The City of Cam corporation that they can c station at that location. insure Terrible Herbst operate their service 2) The City of Cam bell will construct new curbs and gutters along the bound ry which divides Campbell city property and Terrible Herbs corporation property. 3) The City of Cam removing at the City of Cam that will be required to be of Campbell taking said pro I will receive a lett corporation in Las Vegas in of these conditions, which receipt of same. bell will be responsible for bell's cost any and all signs removed as a result of the City erty. r from the Terrible Herbst the near future outlining all will forward to you upon Mr. Joe Elliott City of Campbell December 26, 1984 Page Two RE: Terrible Herbst If you have any quest ons please do not hesitate to give me a call. JRD/maa cc: City Manager yours, ATTORNE J. ROBERT EMPSTER Z03Z5 STEVENS C J. ROElERT DEMPSTER CUPERTINO, CA IFORNIA 9~014 WILLIAM R. SELIGMANN AREA CODE 40El TELEPHONE 252-1111 CC(Q)~\0 December 7, 1984 Mr. Jerry Herbst 5195 Las Vegas Blvd. So. Las Vegas, Nevada 89119 \ , Dear Mr. Herbst: This letter is conversation in regard to a small piece of property erated a service station fOllow-up to my previous telephone the City of Campbell purchasing located where you previously op- n Cam~en Avenue east of White Oaks. I am enclosing a sketch which indicates the piece of property with the City of Campbell decision to purchase. We believe that the fair market value for said property is $10.00 a squa e foot, which the City of Campbell is offering to purchase s me from you. This offer is m de in an attempt to avoid having to condemn said property, which will then result in additional litigation for all partie involved. After having co felt that since the conve forward manner, I am not price and then get involv My best offer is $10.00 a versed with you on the telephone, I sation seemed to be in a straight- ttempting to offer you a lower d in counteroffers etc. Therefore, square foot. After you have an opportunity to review same, would you please indicate in writing as to whether or not you will accept said offer. If I do not rec ive a reply within ten (lO) days of receipt of thi~ letter I will have no alternative but to - .' \ , Mr. Herbst December 17, 1984 Page Two report same to the Counci and to proceed with the condemnation action. You cooperation and attention in this matter is sincere y appreciated. Very truly yours, J. ROBERT DEMPSTER JRD/maa Enc. - .,