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175 E. Campbell Ave. UP 82-04 (~ I T Y (JF (~I\ M I) IJ ELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: PUBL I C WORKS TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER DATE: Sept. () \q<;s':z.. TO: mr. JDse.Fh RU550 91 Sov-\-~ .2.~ 5t\'"e~+ ~) Ca. 9~OOa ATTN: REFERENCE: \1, e. Cam~l Ave.. SUBJECT WE ARE FORWARDING VIA: Mail Messenger Separate Cover_______ Enclosed X Attached Other THE FOLLO\.J!NG: Str-~e..YfrrDveme.nt A~ree.men+ w~+h FCti-t\. ~u\ -Perforrnanc.~ Bond. REMARKS: ~€-~C)e. ret~\n +WO COf\e.s 0 t---th.e a~reemeh1- ~,,-J. "~ n:CiLd :,nJ lOne. .,u.b::1on,l; -----=r:::h e.. e..xtra co (I ~5 a r~ t-o r Vo tJ r I t / / L. . r / t JOSEPH ELLIOTT DIRECTOR OF PUBLIC WORKS By r~ p~o~ A G R E E MEN T THIS AGREEMENT (identified as No. NC(158) ), made and entered into this day of , 19 , by and between JOSEPH P. RUSSO , hereinafter referred to as "Owners," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WITNESSED : WHEREAS, City granted conditional approval of Owners' applica- tion to use er~it and construct an accessor building upon that real property descrl ed in deed recorded Nay 23 , 19 69 , and fi 1 ed in B'ook 8545 of Official Records at page 540 in the office of the County Recorder, County of Santa Clara, State of California, which property is hereinafter referred to as "said real property"; NOW, 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. 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. 1 of 4 I (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 ELEVEN THOUSAND DOLLARS ($11,000.00) to insure full and faithful performance of the construction of all the aforementi!oned 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. (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. 2 of 4 (9) Owners shall participate in and become a part of any special assessment district as described in paragraph (8) of thi agreement. It is expressly understood that any obligations of Owners cQn- tained in this agreement that are accomplished to the satisfacti@n of said City Engineer by said special assessment distri.ct 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 wh~n 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 ~eal property necessary for the completion of the improvements shown 4Pon afor~said improvement plans shall be acquired by Owners at their lown cost and expense. It is provided, however, that in the event emiinent domain proceedings are required for the purpose of securing said ~asemnt 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 ~o be taken and to be included in said sum shall be a reasonable allowalnce for severance damages, if any. It is further provided that in additipn thereto such sums as may be required for legal fees and costs, engineerinlg and other incidental costs shall be deposited with City. (14) Owners shall carry out any and all negotiatiorrs with aill in- terested parties and shall perform or cause to be performed at thleir own cost and expense and to the satisfaction of the City Engineer anYI and all work required to abandon, remove, raise, lower, relocate and othelrwise modify irrigation line or lines within the boundary of said real propert~. (IS) 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 an~ person for or on account of any injuries or damages to persons or proper~y 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. 3 of 4 (16) This instrument is and shall be considered to be an instrument affecting the right, title or interest in the real property hereiinabove 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 JOSEPH P. RUSSO (Notary Certificate) 4 of 4 Faithful Performance Bond No. Premium KNOW ALL MEN BY THESE PRESENTS: Whereas, The City Council of the City of Campbell, State. of California, and JOSEPH P. RUSSO (hereinafter designated as "principal") have entered into an I agreement whereby principal agrees to install and complete cettain designated public improvements, which said agreement\ dated . ,19 ,and identified as NC (158) is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of s~id agreement to furnish a bond for the faithful performance of s~id agreement. Now, therefore, we, the principal and , as surety, are held and firmly bound unto the City of Campbell, hereinafter called "Cji.ty", in the pena I sum of ELEVEN THOUSAND dollars ($11,000.00 ) lawful money of thj' 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 presenfs. The condition of this obligation is such that if the aboye bounded principal, his or its heirs, executors, administrator~, successors or assigns, shall in all things stand to and abide II by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof m de as therein provided, on his or their part, to be kept and per ormed at the time and in the manner therein specified, and in all r spects according to their true intent and meaning, snd shall indemni y and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null an void; otherwise it shall be and remain in full force and effe t. As a part of the obligation secured hereby and in additi n to the face amount specified therefor, there shall be included c sts and reasonable expenses and fees, including reasonable attorn y's fees, incurred by City in successfu~ enforcing such obligati n, all to be taxed as costs and included in any judgment rendere 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 'ts obligations on this bond, and it does hereby waive notice of ny 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 witness whereof, this instrument has been duly execu~ed by the principal and surety above named, on , lp____. WITNESS OUR HANDS this 19 (Attach Acknowledgments (Both Principal's and ) (Surety's Attorney in fact) day of PRINCIPAL JOSEPH P. RUSSO SURETY 2 of 2 CONSTRUCTION COST ESTIMATE FOR / / \,., ~L' i'" . i "l i Surface Construction Clearing and Grubbing Lump Sum Sawcut Concrete L.F. @ $ 3.50 Concrete Removal "l -..,.," r~ S.F. @ 2.50 - i:......' Curb and Gutter Removal 5C L.F. @ 8.00 Inlot Drain with Pipe EA. @ 400.00 Curb and Gutter 5G L.F. @ 12.00 Sidewalk --"{'C,"- -7 ~2_ S -- S.F. @ 4.00 Driveway Approach I Li: S.F. @ 6.00 Handicap Ramp EA. @ 600.00 Barri cade L.F. @ 40.00 "I r )1 ) A.C. Pavement inc. Excavation (t./ilJ S.F. ) ($1.10) (~") Adjust Manhole to Grade EA. @ 400.00 Adjust Handhole to Grade EA. @ 300.00 Monument Box w Monument EA. @ 300.00 Street Tree (15 gallon) EA. @ 175.00 Pavement Striping L.F. @ 0.80 Pa vement Legends EA. @ 100.00 Stop, Street Name or Other Sign EA. @ 100.00 Pavement Markers EA. @ 12.00 Pavement Key Cut L. F. @ 5.00 Date t. 7 I" (' I 1 i 1 i By $ 7DO -4 ~1;- I . ., .L ~ : r- . !~:~'r 1 I I I '7 c- ",'I "J C) I (.... L Street Lighting Electrolier EA. @ 3,000.00 ') c'-I~ Conduit .~ (... L.F. @ 9.00 , i{1 " Conductor, pair L.F, @ 3.00 ~ Pull Box EA. @ 250.00 Storm Drainage 12" or 15" RCP L.F. @ 45.00 18" or 21" RCP L.F. @ 55.00 1 Street Inlet EA. @ 1,000.00 L I , Manhole EA. @ 1,200.00 Break and Enter Manhole EA. @ 500.00 TOTAL ESTIMATE USE FOR BOND Revi sed 1/20/82 $IC711 $ /1 CO.n APPLICANT J rJJ-4/JI K'fS'so , ADDRESS /7S- /: Ce-. _",,6J.!/ Ivo(. , / '- ~~~ MEETING DATE 2 S- ~..... f2.. I I PLANNING NO. l-{P 82-ot I I A.P.N. ?-79-3,-o11'2 TYPE OF OEV. ;>1''''''' f~ C /"'~ , RECOMMENDED CONDITIONS Process and file a map Provide copy of Preliminary Title Report Pay Storm Drainage Area Fee Dedicate right of way to I from centerline along Enter into agreement and post surety to construct street improvem~nts Pay plan exam. and const. inspection fee now I Y Enter into an agreement and post surety to construct street improyements and -pal ticipatcin a local improvemcnt distl ict in the future Obtain excavation permit, pay fees and post surety for all work the public right of way. Segregate assessments Driveway approach is to be a minimum of the property line I wide and I from Provide evidence of mutual access easements Refer to tra ffi c Previous File: If. ( ..J .- [. ~ , I ~ . (( ;6..-G 16L .~ Planning Commission Resolution No. 2118 ratified by the Campbell City Council on Tuesday, July 6, 1982, by the following vote: I AYES Councilmen: Paul, Chamberlin, Hammer, podgrsek NOES Councilmen: None ABSENT: Councilmen: Doetsch I APPROVED: ATTEST: awL! f\J~b ~$ RESOLUTION NO. 2118 After notification and public hearing as specified by law on the application of Mr. Joseph RussO for a use permit to allow the establishment of a private club and the construction of an accessory building on property kno~n as 175 E. Campbell Avenue in a PO (Planned Development/Commercial) Zoning 0 strict, as per the application filed in the Office of the Planning Departmen on February 18, 1982 and after presentation by the Planning Director, p oponents, and opponents, the hearing was closed. (UP 82-04) After due consideration of all the evidence presented, the Commissio did make the following determination: That the establishment, maintenance, and operation of the propo ed use will not be detrimental to the health, safety, peace, moral , comfort or general welfare of the persons residing or working i the neighborhood of such use, or be detrimental or injurious to property and improvements in the neighborhood or the general we fare of the City. Based on the above findings, the Planning Commission does hereby gra t the requested use permit subject to the following conditions: 1. Property to be fenced and landscaped as indicated and/or ad ed in red on plans. Landscaping and fencing shall be maintain d in accordance with the approved plans. Landscaping plan indicating type and size of plant materialf' and location of irrigation system to be submitted for appro al of the Site and Architectural Review Committee and/or Plann.ng Commission prior to application for a building permit. 2. 3. Fencing plan indicating location and design details of fenc.ng to be submitted for approval of the Planning Director prior to application for building permit. Applicant to either (1) post a faithful performance bond in the amount of $5,000 to insure landscaping, fencing, and stripi g of parking areas within three months of completion of con- struction; or (2) file written agreement to complete landsc ping, fencing and striping of parking areas prior to application or a building permit. I All mechanical equipment located on roofs and all utility eters to be screened as approved by the Planning Director. Building occupancy will not be allowed until public improvements are installed. 4. 5. 6. The applicant is notified as part of this application that he is re uired to meet the following conditions in accordance with Ordinances of the ity of Campbell and Laws of the State of California. A. All parking and driveway areas to be developed in comPlianJe with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper g ards. Resolution No. 2118 -2- Uf82-04 B. Underground utilities to be provided as required by Sectio 20.16.070 of the Campbell Municipal Code. C. Plans submitted to the Building Department for plan check hall indicate clearly the location of all connections for under round utilities including water, sewer, electric, telephone and elevision cables, etc. , D. Sign application to be submitted in accordance with provislons of the sign ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building epart- ment. (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, ga bage, wet garbage and rubbish produced within the limits of the ity of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multipl apart- ment units, to all cOMmercial, business, industrial, manufa turing, and construction establishments. F. Trash container(s) of a size and quantity necessary to serv the development shall be located in area(s) approved by the Fir Department. Unless othen~ise noted, enclosure(s) shall con ist of a concrete floor surrounded by a solid wall or fence and have self-closinq doors of a size specified by the Fire Departme t. All enclosures to be constructed at 9rade level. G. Applicant shall comply with all appropriate State and City equire- ments for the handicapped. H. Noise levels for the interior of residential units shall co ply with minimum State (Title 25) and local standards as indica ed in the Noise Element of the Campbell General Plan. FIRE DEPARTMENT I. Existing building is classified as an Assembly building and must be made to comply with all aspects of that use. J. Provide "2A-10BC" fire extinguishers. PUBLIC WORKS DEPARTMENT K. Enter into an agreement and post surety to construct street improvements when required by City Council. BUILDING DEPARTMENT L. Building shall meet the requirement of a B-2 occupancy. Pl ns required to be submitted to Building Oepartment for permits, M. Accessory building shall comply with M-l occupancy and area limitations of Section 1102(a). - "'"....17.-. Resolution No. 2118 -3- tJP 82-04 I PLANNING DEPARTMENT N. Approved use limited to private club. O. Parking stalls indicated in the accessory building (stalls'6-9) shall be available to users of private club during club op ration. The applicant is notified that he shall comply with all applicable odes or Ordinances of the City of Campbell which pertain to this developmen and are not herein specified. USE PERMIT SHALL NOT BECOME EFFECTIVE UNTIL RATIFIED BY THE CITY CO NCIL. PASSED AND ADOPTED this 8th day of June, 1982 by the following roll call vote AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Dickson, Kotowski, Fairbanks, Campos, Meyer None Kasolas, Howard APPROVED: Jane P. Me er Chairman ATTEST: Arthur A. Kee Secretary I . PUBLIC HEARING HELD BEFORE THE (;;\. PLANNING Cm,1r.1JSSION ON JUNE 8, 1982. \.V RES. NO. 2118 APPROVING (5-0-2) EST AB LI SHNEl'fr Of 'p.rnv ME 'Ut-tJ'BI~..E R CONSTRUCTIon DE ACCES~RY SLOG .~ ;. .... " ' ~~ --~ ~:., ... . ... ......! ;;:.. cr --- uP &2.otf ~ t: .. .. . -, .. '.. ,... ..~ .:-:1 - : :;::! .~ I~ .... ----...-.....-- .,~ .~~ J.. t ... ., I I:: .,. ~ ~ Ii; ~ ro: I~ I~ z L .... :r. ~. o I~ .' ... r !i GRANT VI .... ::rJ ,." ,." -4 - i ., I;: ;, 0 I~ . 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