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71 Gilman Ave. (77-2) /11:),- oC¡..r)3cf RECEIPT CITY or CAMPBELL CAMPBELL, CALIFORNIA { ~ u ~ "--.- -- ~ :::,:%74'~:A ~ 6 . tI COR Îi: v?2 - ~ , &V~ ~ Jß-z- (, ÁÌL L' 7<6/ - $d/ ð ú¿ " REVENUE ACCOUNT NO. ~ t ./- FUND NUMBER #-- /' At I}'J' ILÀ CHECK /rr<.Jj/ 0 MONEY ORDER 0 CASH DATE AMOUNT THIS RECEIPT MUST BE MACHINE VALIDATED AND SIGNED BELOW, AUG -1 -77 016 ****218.00 AUC -1-77 v; OlGA 1<:**218.00 12052 CITY CLERK CITIZEN COpy (VM - TNs docv 'nt has not been compared with the orig.. .dl. SANTA, CLARA COUNTY RECORDER NO FEE [i 12007'\01 \ FILED FOR RECORD AT REQUEST OF NOTICE OF RELEASE BY CITY OF CAMPBELL ,\ " . \ ," \ \ JUL 20 8 OJ! AM tgj NOTICE IS HEREBY GIVEN concerning the real property 10ca~jl(Mt:lé{~fW" of Campbell, Santa Clara County, California, and described specifically §~tf~Â;Èu'nY ~EcnRf)rp Lots 36, 37 and 38 in Block 2 as shown on that certain "Map of Rucker's Addition to the City of Campbell" Recorded May 20, 1895 in Book F of Maps at Page 39 Santa Clara County Records. That the undersigned City of Campbell granted conditional approval of certain improvements on the above-described real property on June 13, 1977, pursuant to a Deferred Street Improvement Agreement entered into between the City and the Owner recorded in the official records of the Santa Clara County Recorders' office in Book 0090, Page 353. That Nino Gallo, et aI., Owner of said real property, executed a petition for the formation of a special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California, and participated and became a part of that special assessment district. That special assessment district No. 30 entitled Dillon-Gilman LID #30 was in fact created and included the real property described above. That as a result of the creation of this special assessment district, Owner will not be responsible for, and is hereby released from, the construction and/or installation of the street improvements delineated in the Deferred Street Improvement Agreement of June 13, 1977, recorded in the Official Records of the Santa Clara County Recorders Office at Book 0090, Page 353. CITY OF CAMPBELL Dated: ~~3 / By: ~ß;¿ fJi¡t.- t-JiI1~ (Title) () /~ /vt- DGRELSEFRM(14)(DG DISK) ~. ~r'>':" I :r,~\,I;MC.rT 's /1 TH"'" ~,,[ r, 'Ff.. J .'F ""[ (,;.,!3"~:.J,. ~:;H,:~Y"'.,f..~::~»::~c~,.,,' í~(rl~ c.~ : ;~... ~ ~'\~~"~~'C:<ò (,\ <.y- [)A~-"+ '-t Parcel #63 í I CITY OF CAMPBELL fJ111~ -- 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Departl'!1ent: Public Works July 29, 1992 I.C.W. Group 10140 Campus Point Drive San Diego, CA 92121-1520 Re: Gallo Property - 71 Gilman Avenue Bond No. 25-29-41 Gentlemen: An assessment district to construct street improvements on Dillon, Gilman, Railway Avenues and Sam Cava Lane has been established and bears the title Dillon-Gilman LID #30. The subject property is included in this district and all of the public improvements required of it are being constructed by the assessment district. Therefore it is no longer necessary for the Gallas to maintain the security bond guaranteeing those improvements any longer and they are relieved of that responsibility. Contact me at (408) 364-2831 if you have any questions concerning this matter. Very truly yours, Project Engineer RSS:djr cc: Gaetano & Kathleen Gallo Donald C. Wimberly Joan M. Bollier William Seligmann Cruz S. Gomez Michelle Quinney f:DGGALLO.LTR INSURANCE COMIJ ANY OF THE WEST 18148 CAMPUS POINT DRIVE - SAN DIEGO, CA 92121-1528 P.O. BOX 85563 - SAN DIEGO, CA 92138-5563 - (619) 546-2488 (888) 877-1111 .J III ~.- 1 g , 1991 IllCs It/lo JUt 2') PUblic .., 1$9 J "Vo"'/II) . 911)""". Ci ty)f Campbell Ptlblic Korks¡En",'ineel'i.n~ 78 \. Central Ave. Campbell, CA 95008 HE: \1110 Gallo aka Gaetano Gallo &: Kathleen B. Gallo Pr'oject: í\arehouse Bldg - 71 Gilman Ave.; DLN (78); Ordinance \0. IlJ;--:;S Contract Price: S8,OOO.OO Contract Date: .\ugust 1, 1977 Bond Number: 25 29 41 \\ith'.)ut prejudicin!2; your right or affecting our liabilit'- under o\\r boJ]d(~,) described above, he h'ould appreciate a statu:" update on the ce fe r'enced '.¡ oh. Please re tu rrl the comp le Led copy in the at, tache,¡ adrjre.;.;,sed en\-f"lcpe by .;';¡~:27:-91 to avoid receiving a second reque~t [¡'om '_Hlr ,)ffi 'e. Th9.nk ~-ou fol' ~-our valued cooperation. c!eW~ ~l)rll ROí..;e SUI'e y Del:artmeLt 1 . IF CONTRACT fF COMPLETED, please state: ,:Co, ì :"Il)pro~:imate date of completed del i\er:) : --- Approximh~e acceptance date: ~inal Contract Price: Kork (or final - -----...-- Ri C¡ ------ .-, IF CONTRACT IS UNCOMPLETED, please state the approximate percentage or dollar amount of contract complet,ed or delivpré'>d to da;_e: -~-- -- 3. Are there any unsatisfactory claims or liens on file? -- ._~. .--.--. _._-- ¡{(-IDa. rl,.s: F~o #-.2.ç::::.--_u_~\.Q.~.-_~L~~\U \~-ot7 r ~."- - ---_u ~-~J::::::L~uç::- ~ . ~- L-L_- --- ------ --. ..- _u---.- .- . _._------"----"---'--------~----""-- B~- : Title: Da t e : ----~- b .-:-~.L,----- u - .. Phone: Lc::3¡~~~~_\c_6- ,-\.çè) 'c- ~. '~G:r\~C~t'G- ~ r ~ ... F: I ( () I n (7 ',; ) -ù l Public Works ¡ . f I !-..-..---- - -- L .-,---.-. ; f------- -' :~_:=-.- -ti"NDLING L- ii::-~,,'; i'-, ,,-:rUT;) I r---- , ,-_..~_-:--; ¡ ;, L J r-;--:~-- -.-- iJ -- f-é-, -----~ ~ '~.~-_.~---,.,,-- -~ October 25, 1977 Northern California Savings P.o. Box 5969 San Jose, CA 95150 Attn. Rosemary Y. Earl, Senior Savings Counselor Re: Account No. 14-036761-0 Nino Gallo aka Gaetano Gallo and Kathleen B. Gallo Dear Ms. Earl: An acceptable surety bond has been filed with the City of Campbell guaranteeing faithful performance of the terms of Agreement No. Dln. (78) entered into between Nino Gallo aka Gaetano Gallo and Kathleen B. Gallo and the City of Campbell August 1, 1977. The amount of $8,000.00 which Northern California Savings has on deposit in lieu of bond for faithful perfor- mance may, therefore, be released. Should you have a question, please call the undersigned at you~~convenïence. Very truly yours, JOSEPH ELLIOTT DIRECTOR PUBLIC WORKS By Bill M. Helms Engineering Manager BMH/kw cc: Nino and Kathleen Gallo Certified Mail . ! : i BOND. NOTICE OF REINSTATEMENT ADDRESS ALL CORRESPONDENCE RELATING TO THIS NOTICE TO: INSURANCE COMPANY OF THE WEST P. O. BOX 85563 - SAN DIEGO, CALIFORNIA 92138-5563 (619) 546-2400 (800) 532-3702 CITY OF CAMPBELL 70 N. CENTRAL AVE CAMPBELL, CA 95008 III C I I II "E Þ OCT 31 7988 PUBLIC ~ ENGINEER~:%S October 27, 1988 Date I L Please take notice that INSURANCE COMPANY of the WEST elects to reinstate the below described bond. Kind of Bond PERFORMANCE - PENAL AMOUNT $8,000.00 Bond No. 25 29 41 Effective date of Bond 10-17-77 REINSTATE WITH NO LAPSE IN COVERAGE. Reinstatement to become effective IMMEDIATELY UPON ~_im receipt of this notice. (seal) cc: Agent: cc: Principal I I ANDERSEN-DOWNEY INSURANCE AGENCY PO BOX 919 SANTA CRUZ, CA 95062 NINO GALLO 20141 RANCHO BELLA VISTA SARATOGA, CA 95070 L L ICW CAL 311 (10/84' ~ithful Performance Bond No. 252941 400.00 Premium KNOW ALL MEN BY THESE PRESENTS: M1ereas, The City Council of the City of Campbell, State of California, and NINO GALLO aka GAETANO GALLO and KATHLEEN B. GALLO (hereinafter designated as "principal") have entered into an agreement ~lereby principal agrees to install and complete certain designated public improvements, which said agreement, dated AUGUST 1 , 19--22.-, and identified as No. Dln. (78) is hereby referred to and made a part hereof~ and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and INSURANCE COMPANY OF THE WEST, 2565 CAMINODEL RIO S., SAN DIEGO, CA. , as surety, are held and firmly bound unto the City of Campbell, hereinafter called "City", in the penal sum of EIGHT THOUSAND-------------------------------- ------------------dollars ($8.000.00---~ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, snd shall indemnify and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successful~ enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 1 of 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, on OCTOBER 17 1922-... WITNESS OUR HANDS this I q; day of a-<.--Q 19~ / PRINCIPAL a C~~\ KATHLEEN SURETY INSURANCE COMPANY OF THE WEST 2565 CAMINO DEL RIO S., SAN DIEGO, CA. /1, / ~: <: '~ -I ,¡!t. f /k- ~-~¿1'r-<--, / . ,.. /'" KATHLEEN TERRY, ATTORNEY-IN-FAC~ (Attach Acknowledgments) (Both Principal's and) (Surety's Attorney in fact) 2 of 2 Insurance Company of the ñ est HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: KATHLEEN TERRY its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of anyone such instrument executed hereunder shall not exceed the sum of: TWENTY-FIVE THOUSAND AND NO/IOO DOLLARS (525,000.00) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys- in-Fact and revoke the Power of Attorney give him or her; and be it further "RESOLVED: That the Attorneys-in.Ðict may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary," IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this First day of January , 19~, INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA} COUNTY OF SAN DIEGO SS: On this First day of January. A,D" 19~, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B, ,RATHBUN President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written, OFFICIAL SEAL SHIRLEY R. LEONARO NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm, Expires May 31, 1980 þ¥~-- Notary Public STATE OF CALIFORNIA} COUNTY OF SAN DIEGO SS: I. the undersigned, Norma Jones Assistant Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. is in full force and effect, and has not been revoked, ~N W.' IT~~SS WHER~OF') hjlve hereunto_;1!~scribed my name as Assistant Secretary, and affixed the Corporate Seal of the Corporation, thlS/ 7 ;;t day of /.. .¿'/,¡---¿'Þ<é1. 19~. ICW CAL 37 (4/771 74-~ r Assistant Secretary INTER-DEPARTMENTAL MEMORANDUM TO: Building Department FROM: Public Works Department The requirements of the Public Works Department have been satisfied for the following development: APPLICANT ~ 1')0 C-;Þ, LLO BUILDING ADDRESS 11 (;/1 (Y1(4f'.1 A\JE. COUNTY ASSESSOR'S PARCEL NUMBER 1/ 'j - C) - 5-8 ~ APP ROVAL NUMBER PD 17-2. PUBLIC WORKS FILE NUMBER j)/ I". (7F~) BILL M. HELMS ACTING DIRECTOR OF PUBLIC WORKS By I Á) /- iit .::,- I ¡ , , ') (Y ; , C. Date ~c,. ';it-. 8 ) ()'7~7 { NORTHERN CALIFORNIA SAVINGS AND LOAN ASSOCIATION Sept. 8. 1977 Mr. Joseph Elliott Director of Public Works City of Campbell 75 North Central Avenue Campbell. Ca. 95008 Attention: Mr. Bill M. Helms Engineering Manager Re: No. DIn. 78 - Nino Gallo aka Gaetano Gallo and Kathleen B. Gallo =Northern Calif. Savings Account # 14-036761-0= Gentlemen: Northern California Savings & Loan Association. Branch 14 Westgate. has on deposit the amount of $ 8.000.00 for the construction of public street improvements for the subject project as summarized in the agree- ment between Nino Gallo aka Gaetano Gallo and Kathleen B. Gallo and the City of Campbell. identified as No. DIn. 78. In Lieu of bond for faithful performance. these funds are available upon demand. subject to the conditions of above said agreement. to the City of Campbell. Said funds will remain available until some other form of faithful per- formance guarantee acceptable to the eity of Campbell is filed with you. Sincerely yours, JfJl/(tþØ{ '. Rosemarý/ý. Earl Senior Savings Counselor rye 1725 SARATOGA AVENUE' SAN .JOSE, CALIFORNIA 95129 P, 0, BOX 5969, ZIP CODE 95150 . TELEPHONE (40B) 253-1600 ... a 1 RESOLUTION NO. BEING A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NINO GALLO aka GAETANO GALLO AND KATHLEEN B. GALLO FOR DEVELOPMENT OF THEIR REAL PROPERTY WHEREAS, there has been submitted to the City Council of the City of Campbell by NINO GALLO aka GAETANO GALLO and KATHLEEN B. GALLO an Agree- ment for the development of their real property in accordance with prescribed conditions; and, WHEREAS, by the terms of said Agreement, and concurrently herewith, they have submitted a grant deed for a certain portion of their property for street purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor be and he is hereby authorized to execute the said Agreement on behalf of said City; and, BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED AND ADOPTED this by the following vote: day of , 1977 AYES: NOES: Counci 1 men: Counci 1men: ABSENT: Counci1ment APPROVED: Mayor ATTEST: ELLIOTT HANDlII'I."G City Clerk HELMS ¡ RElURN TO- .~.,- ~';-;;~;D r----.- '---'\~-- , . ~"":: ¡ r,..E - - ,.....\.- ~.".._.- ',."! \: ¡ CI\SE vi ì ';: 'I r¡ \ / \ \ r \ i A G R E E MEN T THIS AGREEMENT, (identified as No.Dln. 78) made and entered into this day of .' 19 , by and between NINO GALLO aka GAETANO GALLO and KATHLEEN B. GALLO hereinafter referred to as "Owners", and the CITY OF CAMPBELL, é: municipal corporation of the County of Santa Clara, State of Cal- ifornia, hereinafter referred to as "City". WITNESSETH: WHEREAS, apply to City buildinq by that certain Owners did heretofore on February 11 , 19B-_, for approval in order to construct a warehouse upon that certain real property described Grant Deed recorded October 4 , 19 76 , and filed in Book C 321 of Official Recordsat page 607 in the office of the County Recorder of the County of Santa CTara; State of California, which property is hèreinafter referred to as "said real property"; WhEREAS, at its regular meeting held June 13 19 77 , the City Council of City did consider said application and grant its approval thereon subject to certain cqn- di1:ions thereof as contained in Ordinance No. 1085 NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the p<\l.ties hereto as follows, to wit: (1) It is agreed to that Owners are not required to prepare and/or cause to be prepared a parcel map in accordance with the provisions of the Subdivision Map Act of the State of California, which map shall þe submitted to the City Engineer of City for examination, approval and recordation within thirty (30) days from the date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay City the sum of SEVENTY-SIX------------------------------- ----------------DOLLARS ( 76.00------, for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide, con- struct and/or install at their own proper cost and expense upon Gilman Avenue throughout the frontage of said real property public street im- provements consisting of, but not limited to, the following: 1 of 6 FIRST: Provide and construct City of Campbell standard curb and gutter, commercial sidewalk and driveway approaches, consisting of Portland Cement Concrete, as shown upon the improvement plans for said real property approved by the City Engineer of City. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic concrete surface course or approved equivalent in accordance with said approved improvement plans. THIRD: Provide and cnnstruct City of Campbell standard storm water inlets, storm sewer manholes, storm sewer mains and laterals as shown upon said improvement plans. FOURTH: Grade said real property in accordance with approved building plans. FIFTH: Provide and install City of Campbell standard street monument boxes, street name signs, regulatory signs and sign posts therefor, barricades and redwood headerboards, as shown upon said improvement plans. SIXTH: Provide and install City of Campbell standard street light steel poles, with upsweep bracket arms, luminaires, with individual integral photoelectric cells, electrical under- ground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said.City Engineer. SEVENTH: Provide and install or cause to be ins~alled a water distribution system, including fire hydrantE dnd appurtenances to serve said real property as shown upon said plans. EIGHTH: Provide and install a sanitary sewerage system to serve said real property as shown upon said plans. NINTH: Provide and ins~llan underground electrical energy system and an underground telephone system to serve said real property. TENTH: Provide and plant street trees of a variety and size as shown upon the plans and as approved by said City Engineer. ' 2 of 6 (3) It is further agreed to that Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. (4) It is further agreed to that all of said improvements shall be constructed and/or installed 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, 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 period of twelve (12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from Owners. (5) It is further agreed to that Owners shall prepare or cause to be prepared at their cost and exp~nse improvement plans for the construction and/or installation of said public street improvements, which plans shall be prepared by a civil engineer licensed by the State of California, which plans shall, be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer when Owners are so notified by said City Engineer. (6) It is further agreed to that the construction work of the improvements embraced by this Agreement shall be done in accordance with the Standard Specifications of t~e Depart- ment of Public Works, Division of Highways, State of California, dated January, 1973, and in accordance with the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. . WHEREVER the word "State" or words "Division of Highways" are mentioned in the State Specifications, it shall be consi- dered as referring to the City of Campbell. Also, wherever the "Director" or "Director of. Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (7) It is further agreed to that Owners shall deposit with City, when called upon to do so, for office examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements and all necessary expenses 3 of 6 incurred by City in connection with said real property the sum of TWO HUNDRED EIGHTY ONE------------------------------------ ----------~---------------------------------~OLLARS ($281.00). . , (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of EIGHT THOUSAND J)(,¡T.T.ARS---------------------------------- DOLLARS ($8,000.00--4 to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct and defect which may appear in said 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 paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (9) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable w~itten notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and pre- sently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (10) It is further agreed to that 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 the public improve- ments herein described. (11) It is further agreed to that Owners shall partici- pcL~ in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Owners contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment dis- trict shall be considered nu11 and void. (12) It is further agreed to that 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 that Owners shall file with City, upon execution of this Agree~ent, a letter, from said Sanitation District No.4 of Santa Clara County stating that Owners have made such deposits or filed such bonds and entered into such agreements. 4 of 6 (13) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- liers within said real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Campbell Water Çompanv when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. (15) It is further agreed to that any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, hòwever, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owners shall deposit or cause to be deposited with City a sum cover- ing the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto suc~ sums as may be required for legal fees and costs, enqineering and other incidental costs shall be deposited with City. (16) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense an~ to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. (17) It is further agreed to that the storm drainage area fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of TWO HUNDRED EIGHTEEN---------------------------DOLLARS ($2l8.00-------f. (18) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other officers or employees of City from any suits, claims or actions brought by any per- son for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on- site work due to any acts, omissions or negligence of Owners, their officers"agents, employees or contractors. (19) It is further agreed to that t11e above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 5 of 6 (20) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or posses- sion of the real property hereinabove described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Màyor and city Clerk, thereunto duly authorized by resolution of the City Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk OWNERS ;¡:þ GAETANO GALLO STATE OF CALIFORNIA, ¡ IS, --_.............C ou1IIy of.....ßanta...Cla.r.a.................--....,.......... at! this.._.......ls.L.......day of..Jygys.t......................................in the year one thousand nine hundred and.....ê§Y§!1t.Y:::-.§~Y.~!l............. before me, ..,..................Yi.rgj.ni~LM...-.S~.....,............................ò.........., a Notary Public. State of California, duly .commissionedand .rwom, personally appeared............,........................... ...... N m Q... Q~ l¡ Q.. .ÍJJ.J.. ê9....1m 9.w.... .~ ..~:t.@. Q...Q~.JJ 9.).. ..@'9..................................... """f{-ath-leen"'ß';--Gall'O"""""""""""""""""" "",-'-"""""""""""""""""""""""""'--'--'--......-- known to me to be the personS....whose names......a,r.@........subscribed to the within instl'llmetlt and acknowledged to me that.....the..y....executed the same. IN WITNESS WHEREOF I have he~eunto set my hand and affixed my official seal in the .......~.....said.....m......_County of........Santa...Clar.a...........m..the day and year in this certificate first above written, e.mmml1mllllllllll11 1IIl1llllUlll1llll111 nllllllllmmmmmnnm I m'~ :: OFFICIAL SEAL :-"0. § VIRGINIA M. S¡'iEEHY H § : ~I!> QTARY PU3L:C, Cl..,¡:'.R:';¡.t.. \! - .\, N O"C '~E .,, ¡J ~ '.,~¡" PR:~CIPAL rrl'.." ¡;:j ~ ~."y.. 5AN1A Ç\.ARI~ c;~ur~TYo ~'1 :: ., E Pires March 22, ,9,.1 :: :: My Commission x , \""!I""' " ~l\IlIIl\IlIlIlIiímltlllllilllmmnllllllllllllllllmlllll\l\lhl ".",; r-. --~_~~{~L~~{¡;:Si;;;¿TC;;¡¡ ¡¿it;;; .1vly Commission F.atPires...__.....--................,...........-...........--..... Cowdery's Form No. 32-Acknowledgmcnt--GeneraJ. (C. C. Sec. 1189) 42.0634 (PRINTED 4-1.64) b 01: b I I f ~ i , ~ ~ ~ J - " , , ...... " .;::\0 ,,"':" " " , ...::::::... '. ."';'" ,::.,,: " ':" ';. . .". ":.:'" . . , .:~f~:~~~:~~;{:>' ... .:",,: :'.::' , /,:,-, ,n::;'" " , , " """" , . " ::::) ",¡.... " , ,~ """/ ':.~,.:" " " . ". :,.,:,:::", ", :::..,~"" ',...' ""o~ ""/.¡ ~ ~.s)- ~ ~(... "".,..' , .'. ".' , (::; ~. """ ", c'\ '...' '. . ",.,: - I ,,>;:~:: / / / / / / / / / / / <s' ""'" '....' '. ' ". .. <s' (:~~'.,: """" ,"", '..' , """/ , " , '. '.. " :?:: , , Å ti-V , .1. ,,/q v 0) ~Q: /q'r " ~ ~~ " ~ ,q. ~ ~o ~A. 0)0 / " ~ ~ ~ ~ ~ ~ (!) -N- $ -00' Jo '00' ~ ':;0' ':;0' SCALE: ,n = 30' LAND TO BE GRANTED TO THE CITY OF CAMPBELL Dr. by L.M.S, Ck.by J.P. I Land to be granted to City Contains 570,OO't sC ;H. JUNE,I977 JUNE I 1977 Prepared by the Office of the City Engineer, Campbell, California CITY ENGINEER'S CONSTRUCTION COST ESTIMATE FOR NINO GALLO - PD 77-2 71 GILMAN AVENUE - WAREHOUSE 1. Clearinq and Grubbinq: a. AC removal: Tree removal: 152 sq. yd. @ 2.50 2 @ 200.00 b. 2. Earthwork: 76 cu. yds. @ 8.00 3. Underqround Street Liqhtinq System: a. 1 1/2" rigid galvanized metal conduit with two #8 AWG solid copper conductors: 114 line ft. @ 5.50 Co l75-watt, Mercury Vapor, IES Type II electrolier, with photoelectric cell, 240-volt: = .633 @ 1,100 4. Concrete Construction: a. Class A, PCC curb and gutter: 114 line ft. @ 5.00 b. Class A, PCC sidewalk: 623.5 sq. ft. @ 1.50 c. Class A, PCC driveway approach: 427.5 sq. ft. @ 2.40 5. Street Construction: a. Alt. No.1: 1. Class 2 A.B., 1 1/2" max.: (2,052 sq. ft.) (0067) (0.07 = 96 tons @ 8.00 2. AC pavement, Type B: (2,052 sq. ft.) (0.33) (0.075) = 51 tons @ 18.00 = = 380.00 400.00 = = 608.00 = 627.00 = 696.30 = 570.00 = 935.25 = 1026.00 = 768.00 918.00 6. Misco Surface Improvements: a. Street trees, five-gallon size: 2@27o50 = Prepared by: L. Snyder July 5, 1977 Sub Total: 15% contingencies: TOTAL: 1. Use $8,000.00 for bond amount. Plan examination and construction inspection fee is $281. Storm drainage area fee is $218. 2. 3. 55.00 $6983.55 1047.53 $8031.08 F\ \ < .. -0\\"\ fLr) ORDINANCE NO. 1085 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING PLANS, ELEVATIONS, AND DEVELOPMENT SCHEDULE FOR A PORTION OF THE PLANNED DEVELOPMENT ZONE ESTABLISHED BY ORDINANCE NO. 983 ADOPTED ON THE 9TH DAY OF JUNE, 1975. (ApplicatIon of Mr. and Mrs. Nino Gallo - PD 77-2) The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell Is hereby changed and amended by adopting the attached IIExhlblt A" entitled IIPlans and Elevatlons.1I IIExhlbit B" entitled IIDevelopment Schedule'l and "Exhibit C" entitled IIMap of said Property." as per app1lcatlon of Mr. and Mrs. Nino Ga110 for approval of plans. elevations. and development schedule to allow con- struction of a warehouse bul1dlng on property known as 71 GIlman Avenue In a P-D (Planned Development/Industrial) Zoning DIstrict. Copies of said exhibits are on fi1e in the office of the P1anning Department. Said approva1 granted subject to the fo11owlng conditions: A. Landscape p1an indicating type of plant material. 10cation of hose bibs. or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. B. Landscaping landscape plan. shall be maintained in accordance with the approved C. Faithful performance bond in the amount of $3,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing. and striping of parking area prior to final Building Department clearance. D. Applicant to sign agreement satisfactory to the City Attorney that the property wl1l be used for warehouse purposes only. Said agreement to be recorded with the County Recorder as a matter of public record. E. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. F. All parking and driveway areas to be deve10ped in compliance with Section 21.50 of the Campbe11 Municipa1 Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. G. Underground utilities to be provided as required by Section 20.16.070 of the Campbell MunicIpal Code. H. Plans submitted to the Building Department for plan check shall indicate c1early the 1ocation of a11 connections for underground utilities. including water, sewer, e1ectric, te1ephone and television cables. etc. I. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until appl ication is approved and permit issued by the Building Department. J. 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 appl ies to all single family dwell ings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. K. 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 1 eve I . L. Applicant shall meet State requirements for the handicapped. PUBLIC WORKS DEPARTMENT M. Dedicate right of way to 30 feet half street. N. Pay storm drainage area fee of $217.72. O. Execute agreement to construct street improvements and/or join a local improvement district. P. Post bonds as required by the agreement. FIRE DEPARTMENT Q. Provide one 2A-1OBC fire extinguisher for each leased space. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. PASSED AND ADOPTED this 13th day of following roll call vote: June ,1977 by the AYES: Counc i I men: Chamberlin, Doetsch, Hammer, Paul, Podgorsek NOES: Counc i lmen: None ABSENT: Counc i lmen: None APPROVED: . . Mayor Wl11larn R. Podgorsek ATTEST: City Clerk Dorothy Trevethan NINO GALLO CONSTRUCTION 13165 VIA RANCHERO DRIVE SARATOGA, CALIFORt\1 A IT IS OUR INTE~7ION TO ERECT A 4,984 SQUARE FOOT BUILDING AT 71 SOUTH GILMAN AVENUE, CA¥~BELL, CALIFORNIA, CONSISTING OF SEVEN UNITS TO BE USED AS ENCLOSED WHAREHOUSE STORAGE. IT IS OUR INTEt\7ION TO BEGIN CONSTRUCTION UPON ACCEPTANCE BY THE CITY OF CAMPBELL OF THE PROPOSED DEVELOPMENT PLANS AND CONSTRUCTION SHOULD BE COMPLETED WITHIN SIX MONTHS. DATED: FEBRUARY 11, 1977. /~ //V I - . ./"-. ..- /. ' ( /' / /." //<.---.......... 0 .( 4---/..--/:-'" NÍNO GALLO C' , -- OWNER -, jt~/~/ 'j""U 8. Uo..U~ " KA HLEEN B. GALLO ;r-' ~NER J EXHIBIT "B" - PD 77-2 0 EXHIBIT "C" /' ... /1"/ ~ , /' '~/, ,.:' /: .. " " , " " ~,,-..\ . ~ . 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