116 Railway Ave. (78-7)
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SINCE .1 B85 1551 SARATOGA AVENUE, SAN
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June 18, 1981
Mr. David N. Valkenaar, Project Engineer
Cityof Campbell
75 North Central Avenue
Campbell, California 95008
Dear Mr. Valkenaar:
This letter is our guarantee that a restriction has been placed on
the savings account of Hans Peisker or Ursula Peisker in the amount
of $5,025.00 to be held for the City of Campbell upon their demand.
Please notify us as soon as these guaranteed funds are no longer
necessary, so we can remove the restriction from Mr. and Mrs. Peisker's
account.
Sincerely,
Elnora Raper
Branch Vice President
IRREVOCABLE LETTER OF CREDIT
1Subolvlslons)
This is an irrevocable letter of credit issued by Citizens Savings
& Loan Bank (ISSUER) which is intended to secure the performance of
Agreement NO.~r..tB9, dated 04-14-1981 , between ....A~ PE'ISK-eR
W U~_ A PE'S~€R
(~uJMiSR..)(.illi~I\/IB[R) and the City of Campbell (CITY) for the construction of certain
improvements throughout and to secure payment to contractors,
con rac ors, an 0 persons furnishing labor, materials or equipment on said
proj ecL I..
+tAa; c~rit\.,,,,, proper-h, dc.scvi~ ;11\ SAi'<< o..tfv<.e~~ I
This letter of credit is in an amount of $1-,000.00 Upon presenta-
tion o~R,~rJ~ten statement signed by a representative of the City of Campbell
that ~ has failed to satisfactorily complete and pay for the afore-
said improvements or that a claim has been filed and is payable pursuant to the
provisions of Title 15 (commencing with S~~~~082) of Part 4 of Division 3
of the California Civil Code, or that SYR~has failed to satisfy the
guarantee of work performed, ISSUER shall pay to CITY an amount not to exceed
$4,000 .00
This letter of credit shall ~~ij~Ain full force and effect throughout the
term of the agreement between ~and CITY; provided, that upon comple-
tion and acceptance of the improvements by CITY the amount of the letter of
credit may be reduced to not less than 25 percent of the original amount.
ISSUER hereby stipulates and agrees that no change, extens~~.g~ime,
alteration or addition to the terms of the agreement between ~and CITY
or the specifications accompanying the same shall in any manner affect ISSUER's
obligation hereunder, and ISSUER hereby waives notice of any such change, ex-
tension, alteration or addition.
CITY does hereby indemnify and hold harmless ISSUER from and against any
claim or liability arising out of ISSUER's disbursement of funds to CITY here-
under ..
S[JElD l'v'l DEft: 0 w~ee.:
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ISSUER: Citizens Savings ~ Loan
1551 Saratoga Ave., San Jose 95129
/7
BY: ~.LJ --<_It-/ ~..L' v -L/.
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City
of Ca~~ll
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BY
CITY OF CAMPBELL
MEMOkANDUM
To:
BUILDING DEPARTMENT
Date:
From: PUBLIC WORKS DEPARTMENT
Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS
----------------------------------------------------------
,
The requirements of the Public Works Department have been satisfied for
the following development:
APPLICANT f. \
BUILDING ADDRESS
COUNTY ASSESSOR'S
PARCEL NUMBER
APPROVAL NUMBER
PUBLIC WORKS FILE NUMBER
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
By:
Date:
A G R E E MEN T
---------
THIS AGREEMENT (identified as No. Dln. (86) ), made and entered into this
day of ,19. by and between HANS PEISKER and
URSULA PEISKER, husband and wife:---
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 "Ci ty" .
WITNESSED:
WHEREAS, Owners applied to City for approval in order to construct an
industrial building upon that certain real property described
by that certain Corporation Grant Deed
recorded March 29 , 1978. and filed in Book D 556 of Official Records at
page 57 in the Office of the County Recorder, County of Santa Clara,
State of California, which property is hereinafter referred to as "said real
property";
WHEREAS, at its regular meeting held October 9 , 1978, the City
Council of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in Ordinance No. 1192
.
,
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto
as follows, to wit:
(1) Owners shall provide, construct and/or install at their own proper
cost and expense upon Railwa Avenue and Sam Cava Lane
roug out t e rontage 0 sa, rea property pu lic
street improvements which may consist of, but not be limited to, the following:
Standard City of Campbell curb, gutter, sidewalk, driveway approaches, handicap
ramps, pavement structure, storm drainage system, street lighting system, under-
ground utilities to serve said real property. and street trees.
(2) 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.
(3) 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, and other delays beyond the control of Owners shall be
excluded.
r
"
1 of 4
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.
(4) Owners shall prepare or cause to be prepared at their cost and
expense 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 to do so by City Engineer.
Upon completion and acceptance of the improvements by City, Owners shall
provide reproducible as-built plans to said City Engineer.
(5) The construction work of the improvements embraced by this Agreement
shall be done in accordance with the Standard Specifications of the Department
of Public Works, Department of Transportation, State of California, dated
January, 1975, 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 "Statell or words "Department of Transportationll are
mentioned in the State Specifications, it shall be considered as referring to
the City of Campbell. Also, wherever the IlDirectorll or IlDirector of Public
Worksll 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.
(6) Owners shall deposit with City, when called upon to do so, for office
examination of improvement plans, field inspection of construction of improve-
ments and all necessary expenses incurred by City in connection with said
improvements and all necessary expenses incurred by City in connection with said
real property the sum of FIVE HUNDRED SIXTY_FOUR----------------- DOLLARS
($ 564. 00--).
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of SIXTEEN THOUSAND ONE HUNDRED---------
--------------------~--~---------- DOLLARS (S16,100.00 ) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said surety
shall guarantee that Owners shall correct any 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 surety shall remain
in full force and effect until one (1) year after date of final acceptance of
said improvements.
(8) Upon final release of said surety by City, the obligations of
Owners contained in this Agreement shall be considered null and void.
2 of 4
(9) In conformance with the requirements of Section 20.16.060 of the
Campbell Municipal Code, the storm drainage area fee for said real property is
in the amount of------------------------------------------------- DOLLARS
($--------). In accordance with City of Campbell Storm Fee Schedule, the
reimbursement for storm drainage facilities constructed as shown on said plans
will be in the amount of--------------------------------------------------OOLLARS
($--------)/determined at the time said plans are submitted to City.
(10) City reserves the right to revise storm drain design shown on
approved improvement plans provided Owners are given reasonable written notice
of City's intention to make revisions. Reimbursement amount will be adjusted
by difference between revised storm design and presently approved storm design,
in accordance with City of Campbell Storm Fee Schedule.
(11) 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 improvements herein described.
(12) Owners shall participate in and become a part of any special
assessment district as described in paragraph (11) of this Agreement.
It is expressly understood that any obligations of Owners contained in
this Agreement that are accomplished to the satisfaction of said City Engineer
by said special assessment district shall be considered null and void.
(13) 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-
ment, a letter, from said Sanitation District No.4, stating that Owners have
made such deposits or filed such bonds and entered into such agreements.
(14) Owners shall pay to Pacific Gas and Electric Company any and all
fees required for installation of underground wiring circuit to all e1ectro1iers
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.
(15) Owners shall make such deposits or file such bonds and enter into
such agreement as required by Campbell Water Company when called upon to do so
to insure the installation of a water distribution system to serve said real
property, including fire hydrant.
(16) 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, however, 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
covering 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 such sums as may be
required for legal fees and costs, engineering and other incidental costs shall
be deposited with City.
3 of 4
(17) 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 and to the satisfaction of the City Engineer any and all work required
to abandon, remove, raise, lower, relocate and otherwise modify irrigation
line or lines within the boundary of said real property.
(18) 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 person 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) This instrument is and shall be considered to be an instrument
affecting the right, title, interest in or possession of the real property
hereinabove 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
IIa!lJIk(d~
HANS PEISKER
!/;Jula /Ve-t:.)&$l
URSULA PEISKER
(Notary Certificate)
4 of 4
RESOLUTION NO.
BEING A RESOLUTION AUTHORIZING EXECUTION
OF HANS AND URSULA PEISKER AGREEMENT.
WHEREAS, there has been submitted to the City Council of the
City of Campbell by Hans and Ursula Peisker, husband and wife, an
agreement for the development of their real property in accordance
with prescribed conditions;
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
said agreement on behalf of said City.
PASSED AND ADOPTED this day of , 1979
by the following vote:
AYES: Counc i 1 men:
NOES: Counc i lmen:
ABSENT: Councilmen:
APPROVED:
Mayor
ATTEST:
City Clerk
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SCALE: 1"= 20'
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
Dr, by L.M.S.
Ck.by J_P.
NOV"I978
NOV'I 1978
,
I Land to be gronted to
City Contoins 654.591: ~.ft.
Prepared by the Office of the
City Engineer, Campbl'II, California
ORDINANCE NO. 1192
~~
~
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING PLANS, ELEVATIONS AND DEVELOP-
MENT SCHEDULE FOR THE PLANNED DEVELOPMENT ZONE
ESTABLISHED BY ORDINANCE OF THE CITY OF CAMPBELL
(APPLICATION OF MR. HANS PEISKER, PO 78-7).
The City Council of the City of Ci1mpbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby
changed and amended by adopting the attached Exhibit A entitled "Plans
and Elevations", Exhibit B entitled "Development Schedule", Exhibit C
entitled "Map of Said Property", and Exhibit 0 entitled "Conditions of
Approval 'I, as per the application of Mr. Hans Peisker for approval of
plans, elevations, and development schedule to allow construction of
an industrial building on property known as 116 Railway Avenue in a
Planned Development Zoning District. Copies of said exhibits are on
file in the office of the Planning Department.
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 9th
by the following roll call vote:
day of October
1978
AYES: Councilmen: Doetsch, Hammer, Paul, Podgorsek, Chamberlin
NOES: Counc i 1 men: None
ABSENT: Councilmen: None
APPROVED:
Dean R. Chamberl in
Mayor
ATTEST:
Phyll is O. Acker
City Clerk
By V.M. Sheehy
Deputy City Clerk
RECEIVED
OCT 1 6 '1978
PUB.,IC V\DllKS
EN GlH,EERING
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SCALE: 1"= 20'
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
Dr. by L.M.S.
Ck.by J.P
NOV., 1978
NOV., 1978
I '. . . . oj Land to be granted to
, . 0., City Contoins 654.59:!:SCJ.ft.
Prepared by the Office of the
City Engineer, Campbell, California