1460 White Oaks Rd. (77-52)
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United Pacific InsUrance Company
P.O. Box 7870
San Francisco, California 94120
City of Campbell
City Engineer
75 North Central Avenue
Campbell, California 95008
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RE: SUBDIVISION BOND NO. U 05 72 48 - Frank L. Gippetti & Elsie R.
Gippetti, His wife and Joint Tenants - Single lot street improvements,
White Oaks Road, City of Campbell, California.
Under date of 3/10/79 this Company became Surety on the
above captioned Subdivision Bond.
In order to bring our file up-to-date, we would appreciate your noting at the
bottom of this letter the present status of the work.
A stamped, self-addressed envelope is enclosed for your convenience in replying.
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Very truly yours,
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By: ~\\AJ /~ I I )lcu/C
OND ' EPARTMENT
---- ------------------------------------------------
U05' 7r2 -<.f8
DATE:
Has the work been completed and accept~d? N C)
If completed and accepted the date upon which our bond was exonerated:
Resolution No.
IF NOT COMPLETED, is it progressing satisfactorily?
Percentage completed to date: -----t)--
Probable Date of completion: -: '7;.
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:::C"n 0-/-:32 I C1~ \ ,X) (SIGNA URE)
80.2151 ED. 10175
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F: :hful Per forrnance
Bond No.
DOS 7248
$216.00
Premium
KNOW ALL MEN BY THESE PRESENTS:
Whereas, The City Council of the City of Campbell, State of
California, and FRANK L. GIPPETTI and ELSIE R. GIPPETTI
(hereinafter designated as "principal") have entered into an
agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, dated
MARCH 10TH , 19.1..2.-, and identified as WO (20)
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 FRANK L. GIPPETTI and
ELSIE R. GIPPETTI , as surety, are held and
firmly bound unto the City of Campbell, hereinafter called "City",
in the penal sum of TWELVE THOUSAND-----------------------------------------
---------------------- dollars ($12.000.00 ) 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 successfu~ 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 19____
/t1~
WITNESS OUR HANDS this
19~.
day of
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PRINCIPAL
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FRANK L. GIPPETTI
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ELS . GIPPETTI
On this ....../.t!!..~ day of .....~~.. in the ~ar one thousan~ nine
hundred and ......2.7........... before me, ...k.e........tJ........tJ.4.!..~.........,
:p:::;;; .Lc~~~.K~~~~~~;<..~.~~;}:IF;;o;!:~~..~~.fT..~~~.~.~~~~~
OFFICIAL SEAL ...................E'/S/...~. .... .......f(.::::...et.'"I/~.~.....................................
LEE B. V ALE known to me to be the person S. whose name ~. subscribed to the within
NOTARY PUBLIC. CALIFORNIA -J-
PRINCIPAL OFFICE IN instrument and acknowledged to me that .{...he,.. executed the same.
SANTA CLARA COUNTY IN WITNESS WHEREOF I have hereunto set tfp::d and affixed my
My Commission Expires March 25. 1979 #. . I I' th /1. - ---j ~~ C F L""" a-
n _nn OlllCla sea In e ~~. ounty O/~. ... ...... the day and year
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and In no way acts, or" Intanded to act, al a ,ubstitute for tha advica 01 an attornev, otary IC, tate of C i{o:3r la
The publIsher does not mike anv wlrranty. lith.r Ixpr.., or implied 8' to the legal ...,/.
vallditv of any provISIon or tholuitabllity Of tho.. forml in any ","cilic transacti',n, My commission expires ......~. ...k~ ...2.5:.....................
;:::~:~~..~... }ss.
Cowdery's Form No. 32-Acknowledgement-General (C. C. Sec. 1190a)
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(Surety's Attorney in fact)
State of California
County of
Santa Clara
ss:
On March 10 . 19 ~ , before me, the undersigned, a Notary Public in and for said County,
personally appeared John E. Cook known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as
Attorney-in-Fact,
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= ,~ My commission expires Apr. 28, 19a1:=
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My Commission expires
, 19
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Notary Public in and for said County
SDU-ISIS ED. 3/72 (CALIF)
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i :7 \. ,..JF CAMPSf '..
~ ", _ ,-...l0RTH CENTRAL Ave..
t ~ CAMPBELL. CALIFORNIA 95008
TO BE RECORDED WITHOUT FEE
seetON 6103 GOVERNMENT CODE
AT THE REQUEST OF CITY OF CAMPBEll
E 478 ~'Gt~7
6367615
fiLED fOF. FECORD
AT REQUES,T OF
1>~ · E 478 Pl", 287
A G R E E MEN T
CITY OF' CAMPBELL
HAY B 9 45 ilt.; '19
---------
, OFFICIAL RECORDS
Si\NTA CLARA COUNIY
GEOi3l" l<r..\Arm
REGIS TF\t.R REC0RDER
THIS AGREEMENT (identified as No. WO (20) ), made and entered into this
day of ,19, by and between
FRANK L. GIPPETTI and~IE R. GIPPETTI. his wife.
as Joint T nan
ere1nafter 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, Owners applied to City for approval in order to construct an
industrial buildinq upon that certain real property described
in that certain qrant deed to FRANK L. GIPPETTI and ELSIE R. GIPPETTI
recorded February 4 , 1971, and filed in Book 9209 of Official Records at
page 119 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 January 17 , 1978, the Planninq
Commission of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in conditions of
approval of S 77-52 ;
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 White Oaks Road
throughout the frontage of said real property public
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.
1 of 4
E 478 r!Gc 2B8
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 (lO) days writter. 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 "State" or words "Department of Transportation" are
mentioned in the State Specifications, it shall be considered 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.
(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 FOUR HUNDRED TWENTy--------------------- DOLLARS
($ 420.00 ) .
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of TWELVE THOUSAND---------------------
__________________________________ DOLLARS {$12,OOO.OO ) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said surety
shall guarantee that Owners shall correct any defect which may appear in said
work within one (l) year from the date of acceptance of the work by City and
pay for any damage to other work resulting from the construction thereof, as well
as paying the cost of all labor and materials involved. This surety shall remain
in full force and effect until one (1) year after date of final acceptance of
said improvements.
(8) Upon final release of said surety by City, the obligations of
Owners contained in this Agreement shall be considered null and void.
2 of 4
E 4 78 P~~t 289
(9) In conformance with the requirements of Section 20.16.060 of the
Campbell Municipal Code, the storm drainage area fee for said real property is
in the amount of NINE HUNDRED EIGHTY ONE---u-------------------- DOLLARS
($ 981.00 ). In accordance with City of Campbell Storm Fee Schedule, the
reimbursement for storm drainage facilities constructed as shown on said plans
will be ~~~~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~
~xxxxxxxx),Vdetermined 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 electroliers
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 San Jose Water Works 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
E 4 78 ?~GE 290
(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.
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OWNERS
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On this the It) aday of ?P~ 19~
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the undersigned Notary Public, personally appeared
Ft"A IV 1< ~. t?'/f,'//;' ,
,Els~'e ;. ~,j//I~:
Known t,o ~e .to be the person(s) whose name(s) ~bscrib'
to the wIthin Instrument and acknowledged that ___
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my'hand and official seal.
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SMS.2760 2760
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CITY OF CAMPBELL
MEMORANDUM
To:
BUILDING DEPARTMENT
Date: A I
From: PUBLIC WORKS DEPARTMENT
Subject: PUBL I C WORKS DEPARTMENT REQU I REMENTS
----------------------------------------------------------
,
The requirements of the Public Works Department have been satisfied for
the following development:
APPLICANT fr~ Gtf)ff+;
BUILDING ADDRESS. tOo ! ;.eo tL~5
COUNTY ASSESSOR'S
PARCEL NUMBER 4-t? ,- :;2..'3.-' 3-0
APPROVAL NUMBER
PUBLIC WORKS FILE NUMBER
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VI
(~:) {,f.,: (^ ;
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
By:
Date: /, '. l i ;' /
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CITY OF CAMPBEll
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75 NORTH CENTRAL AVENUE
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 378.8141
Oepanment: PIa n n i n g
DATE: January 20, 1978
CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF Frank Gippetti
S 77- 52
, FOR CONSTRUCTION OF an industrial buildinq
TO BE LOCATED AT 1460 Whiteoaks
CONUI1IONS:
SEE ATTACHED.
Section 21.42.090 of the Campbell Munjcipal Code reads as follows:
Any apprc~al granted under this section shall expire one year after the
date upon which such approval was granted, unless an extension for such
approval is obtained by making written application for same to the
Planning Commission at least fifteen (15) days prior to the expiration
date of such approval.
No building permit shall be issued after the expiration date of any approval
until a new approval has been obtained in the manner provided for in this
Chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING
HELD ON THE 17th DAY OF January , 1978_
CITY OF CAMPBELL PLANNING COMMISSION
cc: Fire Department
Lpub 1 i c _ Works
BV: (j'vf/uq a, / -<Ut-
ARTHUR A. K E, SECRETARY
CONDITIONS OF At. ~OVAl - S 77-52, Frank Gippetti
landscape plan indicating type of plant material, location 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
pe rm it.
landscaping shall be maintained in accordance with the approved landscape
plan.
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.
All mechanical equipment located on roofs shall be screened as approved
by the Planning Director.
10 Revised elevations to be submitted to the Planning Director as indicated
in red on the approved plans.
The applicant is notified as part of this application that he is required to
meet the fOllOWing conditions in accordance with Ordinances of the City of Campbell.
A
B
C
D
E
2
Applicant to submit a letter, satisfactory to the City Attorney
to be recorded as a deed restriction, limiting the use of the
property to: 960 square feet of office use, 5,800 square feet of
speculative industrial use, and 15,190 square feet of warehouse use.
Building to be relocated to the east property line.
Applicant to provide one parking stall for use by handicapped
persons; stall shall be appropriately signed.
Revised elevations to be approved by the Planning Director upon
recommendation of the Architectural Advisor.
3
4
5
Property to be fenced and landscaped as indicated and as added in
"red" on plans.
6
7
8
9
All par~ing and driveway areas to be developed in compliance with
Section 21.50 of the Campbell Municipal Code. All parking spaces to
be provided with appropriate concrete curbs or bumper guards.
Underground utilities to be provided as required by Section 20.16.070
of the Campbell Municipal Code.
Plans submitted to th~ Building Department for plan check shall indicate
clearly the location of all connections for underground utilities.
including water, sewer, electric, telephone and television cables, etc.
Sign application to be submitted in accordance with provisions of the
sign ordinance for all signs. No sign to be installed until application
is approved and permit issu~d by th~ Building Department.
Ordinance No. 782 of the Campbdl Municipal Code stipulates that any
contr~ct 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 Di~posdl Company. This requirement applies
to all single familV dwellings. multiple ap.ntment units, to all
commercial, business, industrial. manufacturing. and construction
establ ishments.
-2-
F
Trash containeds) of a ~izc and quantity necessary to s{'rv~ the devel-
opment shall be located in ared(~) approved by th(> Fire D~partment.
Unless otherwise noted. enclo~ure(s) shall consist of J concrete floor
surrounded by a solid wall or fence and have ~~lf-cI0~ing door~ of
a size specified by the Fire DepartlTlC'nt. All enclo..url.'s il' bv cOllstructl.'J
at grade I eve I.
G
Applicant shall meet State requirl'lllent.., hlr till' h.llldic.II'I't'J.
FIRE DEPARTMENT
H. Provide an automatic fire extinguishing system.
I. Provide a 12A-IOBC" fire extinguisher for each leased space.
BUILDING DEPARTMENT
J. Group F-2, Type V shall require roof architectural appendage
to be limited to front and south elevations.
PUBLIC WORKS DEPARTMENT
K.
Provide copy of preliminary title report.
L.
/
/,/
Rev i se plans to show ex i s t i ng Wh i te Oaks ri ght of way.,'/
M.
Dedicate street right of way in accordance with proposed plan line./""/
N.
Pay storm drain area fee based on $765 per acre.
Execute agreement for street improvements and post a bond~
O.
P.
Provide a grading and drainage plan.
Q. Obtain an excavation permit for any work in the street right of way.
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.