144 Kennedy Ave. (1962)
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CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
Date
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CITY OF CAMPBELL
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C!TV CLE"'"
April 1~, 1962
Mr. O. M. Sundahl
2498 Malaga Drive
San Jose, California
Dear Sir:
'rilis is to vel." ity the requirements of the
Planning Commission as ~posed on the subject
development at their meeting on MarCþ 20, 1962.
Please be adviseJ that the issuance of a building
permit i8 conJ.itional upon payment of a $250.00 storm
drain fee.
Sincerely yours,
MYRON D. HAWK,
CITY ENGINEER
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By William G. Wren,
Assistant City Engineer
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Urban Development Dept.
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COHÐI~'ØN$';\"Å~,*t .~. 'fS'I/1\~VAl. qj:.,~' ,,:,:~.~,~fQtNt8'oa .
APPROVAL OF ~USE TO 8£ I..OCAfEDATUI4"'EIY'AdNUEON.MY
21, 1963:
I. Provide loading are. 10' x 30' .t r..r ðf proposed buIldIng.
2. Change two parking spaces In front of propo.ed building ..
indIcated In red on plot plan.
CAMPBEll PLANNING COMMISSION
By:
II ( /,.".-, J'A !
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AUqu8t: 15, 1960
Standifer, Field & Miller
Attorneys at: Law
1022 Franklin Street
Santa Clara, California
Attention:
Mr. Miller
Gentlemen:
In acknowledgment of your letter of August 8, 1960, you
will find enclosed three copies of the original agreement
between the City of Campbell and o. M. Sundahl relative to
his development on Kennedy Avenue. 'lbe original and one copy
is to be executed by your client in the presence of a notary
public and returned to this office. The remaining copy may
be retained for his records.
In way of explanation of the points of concern mentioned
in your above letter, it should first be pointed out that the
most normal development agreement relates to the tmm8diate
construction of street improvements where required. In this
case the developer is solely responsible for negotiation with
and selection of a contractor. The intent of the Ithold harmless"
clause in the agreement is to pass the burden of insurance to
the developer who, in turn, may pass it to such contractor, as
you have pointed out.
The other situation which arises in certain developments
is that concerning deferred street improvements as is the
case of Mr. Sundahl. This occurs when the City determines that
ultimate improvement of the particular street or zoning area
is too far in the future to warrant an tmmediate isolated
improvement. .
In the latter case, each developer along the line may
be called upon by the City Council to perfo~ the construction
in accordance with his agreement and, for each, the responsi-
bili ty becomes his, exactly as outlined above. SUch a group of
adjacent developers might, of course, combine their operations
if they so chose.
Standifer, Field & Miller
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August l5, 1960
Another alternative might be that the City would undertake
the illlprov..ent of the street involved. If so, then the only
responsibility of the developer,; as provided by the agreement
would be hie re~ureement to the city of an amount equal to his
share of such iaprov8llUlnts, The "hold harmle.." clause would not
apply since the "officers, agents, employees, or contractors"
would not be his but the City' s, as contracting agency. Included
in a contract of this sort is the requirement that the contractor
provide certificates of insurance which the City Engineer deems
adequate and also a "hold harmless" clause similar to the one in
question None of this involves the developer.
The City of Campbell, of course, carries a general liability
and property damage policy on all its streets a., we venture to
say, do all cities, However, the primary purpose of this policy
is not to relieve private contractors of the burden of protecting
their own operations and undoubtedly the exclusions within the
policy would make it inadequate in this reqard.
Investigation will undoubtedly prove to you that the City
of Campbell's policy in these matters is equivalent to neighboring
cities and reference to the state of California Standard $pecific-
ations, S.ction 7-1.12 will disclose the similarity of the state's
policy.
We sincerely regret the feelinqs of Mr. Sundahl to which
you refer. It is hoped that this discussion will help, not to
"appease" but, less superficially, to assure him that advantaqe
is not beinq taken.
Very truly your s,
CARL J. MORTENSEN
CITY ENGINEER
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By William G, Wren
Engineer'
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Enclosures 3
cc:
Mr. 0" M. SUndahl
City Attorney
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JOSfPH L.ST-AnDlff~,JIL
ATTORN EY AT LAW
1022 FRANKLIN STREET
s.¡¡nHI CLUft, CftLlfOo.n 1ft
AX""'NSTER 6-3816 .
August 8, 1960
City of Campbell
Office of City Engineer
Campbell, California
ATTENTION: Mr. Wren
Gentlemen:
Plea se forward to this office another copy of the original
agreement between the City of Campbell and O. M. Sundahl and we will
have Mr. Sundahl execute the same. Mr. Sundahl is extremely anxious
to complete this transaction, so he will agree to the terms of the City of
Campbell.
Since all does not appear kosher, I would like some
additional information. Does Mr. Sundahl himself either perform the
necessary improvements or hire a contractor of his choice to perform the
work? I am under the impression that the City does all the negotiating and
selecting of a contractor to perform the work. If Mr. Sundahl can hire the
contractor, he can, of course, pass the burden of insurance on said con-
tractor and make the necessary adjustments in contract price with him. I
am also under the impression that if the city should hire a contractor, they
, would insist upon him having insurance.
Being unfamiliar with the way the City of Campbell is
managed, I can do nothing but suppose, and my supposition is that the
City has insurance to save itself harmless during the work period. There-
fore, it seems probable that there will be three people insuring the city
against the same anticipated loss--which I see no need for.
As I previously stated, I frankly to do know how these
matters are handled and am therefore unable to appease my client¡ who
is under the belief that the city is taking advantage of him because they
know that they have him in a bind. If you would briefly outline the
policies and procedures, whys and wherefores, it would be greatly appre-
ciated and might eliminate a feeling of distrust -and hard feelings in Mr.
Sundahl's mind in regard s to the City of Campbell.
Your cooperation and assistance in this matter is appreciated;
and I sincerely hope that I may hear from you in the very near future.
Sinferely yours,
JLM/gj
STANDIFER, FIELp & IMI~L7.~
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GREGO~ J. MILLER!
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Mr. O. M. Sundahl
840 Circle Drive
Santa Clara, California
Dear Mr. Sundahl:
-
July 7
SUBJECT:
Agreement Relative to Development
1960
Pursuant to our conversation in the Building Inspector's
office on July 7, 1960, a review of the file on your
devel~ent discloses that the Agreement Which was
forwarded to you with our letter of May 19, 1960 was
amended by your Attorney, Mr. J. L. Standifer, before
execution. Exception was taken to the amendments by
the City Engineer and, after correspondence with the
City Attorney, all copies were returned to Mr. Standifer
by the City Attorney' s letter of June 3, 1960 for further
action. Since this office is not in receipt of any sub.equent
correspondence frem Mr. Standifer reqarding the matter,
we would suggest that you contact h~ with a view toward
expediting the completion of an acceptable draft of the
Aqreement for your final execution.
Contact with Mark Themas & Co. has indicated that the
Grant Deed will be forthcoming shortly and you can, therefore,
expect receipt of it for execution within the next few
day. .
. WGW:CB
cc:
City Attorney
Very truly yours,
CARL J. MORTENSEN
CITY ENGINEER
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By William G. wren
Engineer
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Gity of Gampbell
Office of the
:S"{¿[ ¿,1 cia hi
State of' C9alif'ornia
.JuDe 3, 1960
1Ix. JoMph L. ltancl1feX't Jr.
Âtto~ at Law
1022 h_1(lia tenet
I.ta Cla1'a. Cal:1.fon.1a
Deax Mr. Itadife1':
I have had the cat,. _iDeer nvi.- the
executed Aan__t8. """'. he tÛ88
exceptio- to tbe pÞ'riaiou coac.t.aecl -
=: ~~t.=l~l ..~:~ ~ La=t~? t:t
.\&1'8--t, JlaciDg full na~I.ht.u.t, upoD
tie OIIMI' fOr COD8t1Net:l.øa. of the UlpI'OV--t8.
I -. therefor, nQlm1ng to you all tIocU8Dt8.
Very truly JOUX'8.
JOlin A. BOlfACUA
City Attorney
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cc: Carl JIIcn:t8D8en
City Engineer
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May 27
1960
Mr. Joseph A. Bonacina
City A'ttorney
913 Pir8t Rational Bank Building
San Jose, California
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.Dear Joe:
SUBJECT:
Agreement of Mr. and Mrs. o. M. Sundahl
I am returning to you the letter of transmittal,
three executed copies of subject Agreement and a copy
of the Agreement as presented for signature.
I object to the addition made on page 2, lines 11
thru 15. It is my feeling that this defeats the
intent of the original Agreement to place full
responsibility upon the owner for the construction
of all required 1mprovements within the area of
dedication as specified on page I, lines 26 thru
3l.
This Agreement has the usual intent: to secure
a dedication of street improvements within the dedicated
area. I shall have to depend upon you to decide whetl1er
or not the executed Agreement accomplishes this end
in a matter satisfactory to the best interest<=> of the city.
Very títll~ ~urs,
~' ,', /1/ I
Carl J. ortensen
City Engineer
CJM: CB
Enclosures 5
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T1II A'rTACHID PLANS. fUSlNTlD IY O. M. SUNJ».HL. raa AN OfFICI BUILDING
TO BE LOCATED AT 144 lŒNNIDY AVENUE. WBU APPaOYBD BY THlCAMPBELL
PJ..ÅNNING CCItMUSION AT A REGUlAa MlI'lING HILD ON THE 19th œy or APRIL,
1960, SUBJECT TO THE FOLLOWING CœD1TIONS:
1. Appl1oante to enter into witt8t1 agreement with the City
Coum:11 covertna the following:
a) helieation of land, at this tilDe. to 8 lin. 33' 8outh
of the lC8nnecty Avenue center 11oa.
b) I8p1'CWeMDt of a half width C8Dpbell b.'trial Str.et
at IUCh c1me a. iJlprO¥88ftt 1, conetelered f..ible by
the City Couacil.
2. EUaiDat1oft of the firlt ,.rld.Da epaoe at IU..t eatranee.
3. fl:operty to be adequately I_cede
CAMPBILL PlADUG CDIlaSIICIf
BYI~"~'. a~~)
al,.. ."'-aon t Deputy City Clerk
cm CŒJNCIL
~~hY #.L : c~erk
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May 2,1960
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