1187 Audrey (90-06)
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MEMORANDUM
FROM:
Robert W. Quinlan
Interim City Manager
Don WimberlY~
Public Works Director
May 4, 1992
TO:
SUBJECT: May 1, 1992 Letter from Santos General Contracting
Tony Santos, President of Santos General Contracting, has written
a letter addressing issues related to their development on Audrey
Avenue. The letter appropriately presents a history and their
perspective regarding construction of street improvements along
their frontage on Audrey. Unfortunately, Mr. Santos also
includes his judgement and characterization of the actions of
Public Works staff.
While the history he presents is generally accurate and his
desire for clear direction regarding street improvements is
certainly understandable, his characterizations of staff are
not. Mr. Santos has also contacted individual City Council
members and given them his view. At the same time, as you know,
a neighbor, Mr. Terry Kuenzli, has initiated a petition regarding
Audrey Avenue street improvements that is agendized for the May
5, 1992 City Council meeting, accompanied by a staff report. In
that staff report we present the current staff position that we
will permit Santos to construct standard street improvements
(forty feet wide, curb to curb) across the frontage of their
two-lot development.
Mr. Santos characterization of City staff and some of our
dealings with him is not complete or accurate. While actions
that have adversely affected Mr. Santos have been taken, staff
has not been "upset", or "sarcastic", we have not "taken great
offense", "set the tone" of a difficult discussion, accused him
of "instigating" the neighborhood petition, nor been indifferent
to their economic interests as his letter suggests. We have not
withheld information or excluded them from a public meeting.
While some of our conversations have been strained by the
circumstances, I am surprised by the inaccurate portrayal in Mr.
Santos letter. Staff's goal has been to find the best solution
for all involved. In retrospect, we did err: 1. By including a
condition in Santos site approval to improve the street; and, 2.
trying too hard to accommodate diverse perspectives of different
constituencies where clear City policy does not now exist. For
the inconsistency in our direction during the process, we
certainly apologize.
Page 2; Letter from Santos General Contracting; 5/4/92
We have tried very hard to:
1. Address the intent of the San Tomas Policy.
2. Be consistent
decisions.
with
previous
interdepartmental
3. Address the desires of residents in the San Tomas area.
4. Find a solution that will work for Mr. Santos.
The Santos' are, rightfully, frustrated by the inconsistent
direction they received in the last couple months. However, it
appears their anger and frustration have caused them to
misunderstand the motives and actions of staff.
Michelle Quinney offered a means to save them the cost of doing
street improvements by recording a deferred street improvement
agreement as we have done with other developments in areas where
streets are generally unimproved. This tool avoids having to tie
up cash or provide a security, but allows the City to require
property owner financial participation if and when the street is
improved. Mr. Santos' interpreted this as "imposing a lien".
Michelle also offered other options instead of the deferred
improvement agreement including posting a cash bond, certificate
of deposit or a surety bond to guaranty future completion of the
street work. These tools work best when improvements are
anticipated within two or three years.
Joan Bollier was open and honest with Mr. Santos and told him
about the situations that were influencing Public Works regarding
the street improvement issue. She told him about an upcoming
Planning Department meeting with certain select spokespersons for
the San Tomas area called to discuss the upcoming General Plan
update. Mr. Santos misinterpreted her statement that this was
not an "open community meeting". Mr. Santos believed he was
being denied an opportunity to express his view concerning street
improvements. Joan tried to explain that the meeting was a
Planning Department meeting to address another, broader topic and
was intended for a specific group of individuals with whom
Planning staff had prior conversations.
In response
City staff
interrupted
the Santos'
believed we
joining the
situation and
would work for
to an unanticipated invitation from the Santos' and a
member as they stood at our public counter, I
my schedule to discuss their situation. I have known
since my years at Saratoga and Monte Sereno and
had a casual and friendly relationship. My hope in
conversation was to learn enough about their
perspective that I could help find a solution that
them, the neighbors and the city.
Page 3; Letter from Santos General Contracting; 5/4/92
As we have in previous dealings, both the Santos and I engaged in
free and open dialogue. I tried to ask questions about their
situation and repeatedly got no answer. They were insistent that
they be permitted to install street improvements. They argued
that without street improvements, their ability to sell the homes
would be impaired. I tried to lighten the conversation with
jestful comments and was surprised to receive only increasing
hostility. When my attempts to understand their situation,
explain ours and search for a solution appeared to be failing, we
agreed that I would talk further with Public Works staff and get
back to them within a day, hopefully with a solution that would
be acceptable.
Putting Mr. Santos personal comments aside, the issue of street
improvements on Audrey is complex. The City has not established
street standards for this area as called for in the San Tomas
Policy. At the same time, the Policy does state that "alternate
street standards" should be used to enhance the rural character
of the area. Unfortunately, these statements have been
interpreted differently by different staff and community members
during recent years leading to some inconsistency. The community
itself is divided between differing points of view:
1. Leave the streets in their "unimproved" state, without
curbs, gutters or sidewalks.
2. Upgrade streets to standard dimensions and with curbs
and walks, but use alternate materials.
3. Use different street design standards including
narrower widths on low volume residential streets to
promote a richer, more landscaped neighborhood where
slower vehicle speeds are induced by the appearance of
the narrower roadway.
These issues will be addressed through the Land Use and
Transportation Element update process scheduled to start this
summer. Substantial neighborhood input as well as technical
analysis will be incorporated. In the meantime, Public Works
staff will recommend that all new developments defer street
improvements on existing, substantially unimproved streets. This
position will be made clear at the time of site or tentative map
approval.
cc: steve Piasecki
Joan Bollier
Michelle Quinney
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iii SANTOS 6{),W.tJ..L~'rlt\>1tlt<(.tt+ I ~t t",U-. I lL~~J(l~tr v:-:~ 1\~'lI}tA I-
m GENERAL .ifttLJ - ~ iPJv~/l~ ~- \ fJtl~\I\Ltt(,/~ ~/ \};\})~~ '" l,V~}t
CONTRACTING JV)'\'~~\", 1\u ~~ ~~OS. TONY SANTOS 1J1~ Cl..P-~;J.-.
1440 MICHIGAN, ALVISO, CALIFORNIA 95002-Q83S . TELEPHONE/FAX (408)263-1422 . CONTRACTORS LICENSE NO 399339 ~,(\
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On the 25th of March Michelle Quinney called me and asked that Santos
General Contracting refrain from installing standard street improvements on our
Audrey Street project in Campbell. Michelle said that the city had concerned
citizens who wanted a say about what type of street improvements were being "
done in the area. She said that a refund would be given to us on all fees paid to \\11\ ,. \-
the city and that after meetings and a revi committee bein set u a decision ~ riLL t(J
would be made about t ets. he improvements would be installed ~ (\0 ", i\t-i. (C~t\I'\,l
\ anyw ere from nine months to five yearsJ A lien would be placed on our homes~ \.<..1'\ .\ l~~ t./)
to insure payment of the improvements when decided. I told Michelle that the j~tt )'~
thought of putting a lien against my unsold homes, especially an undetermined -t# JJt... J
amount of lien, was crazy in the recession and that the city was condemning my (f tiel! ~ s.J-
business to bankruptcy. Michelle said Joan Bollier would be calling me to \rt ~ Jl;l'
discuss this further. (N^i"C\... ,-(vi v <\V
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May 1,1992
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Five minutes later Joan Bollier called and the conversation was exactly the
same. No improvements at this time. A lien would be placed on the homes.
Joan again stressed that the city had citizen input. I asked when, where, how, in
what manner had the citizens approached the city. I told her that we went
through all the public hearings without a protest. In fact, some citizens who were
at a hearing got up and spoke in favor of our project because we did such a
great job on the Oburn Court project on Audrey Ave. Joan never did tell me how
the citizens contacted the city but told me about a meeting that was going to take
place concerning the streets. I told her that I would like to attend to voice my
opinion. She told me it was for residence only. I informed her that I owned close
to a million dollars worth of homes on Audrey Ave. and that I should have a say.
Joan asked for my cooperation in the matter. I said I couldn't survive financially
with a lien on my homes. I asked her if she would buy a $ 500,000.00 home with
an undetermined lien against it and no sidewalk or street improvements. She
said that the city was not out to hurt us.
, defu~J
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Michelle Quinney sent a letter reviewing our conversation on the phone. ~ re c:~ ~I~~i,~:.:h
also sent a new contract requesting that we allow the city to lien our homes and Lt.)^-'"
to delay the improvements. I went to see my attorney who informed me that the '
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city did not have the right to lien my tmes and that the city should live up to the
agreement that both parties Signed.yor
My partner and I went to the city and talked to Jim Penoyer. We asked for a
copy of the contract and told him of our problem. Don Wimberly was walking by
and Jim suggested we talk to Don. Mr. Wimberly came over and we started to
tell him about the situation. Don set the tone of the conversation. I told him we
were very unhappy about the street delay. He said the city isn't here to make
developers and contractors happy. I asked about credibility after signing a
contract. He said the city has a right to place a lien on your property any time
they want. We do it all the time. He said the city owns the streets but then later
in the conversation he said the citizens own the streets. He told me that Santos
General Contracting did not have a permit in our possession. I told him that was
true because the city never sent it to me. Don King and Jim Penoyer both said
all requirements had been met and we could start anytime we wanted to. Our
homes are 90% completed, if we don't have a permit how come the city allowed
us to construct. In my opinion Mr. Wimberly was very sarcastic in our
conversation, I realized that the conversation was going no where. I asked Mr.
Wimberly had anyone thought about the money that this would cost if we had to
go to attorneys. He took great offense to that and said I read you loud and clear,
I got your message. I felt it was going no where so we left.
April 2, 1992, Joan Bollier called and talked about us not signing the agreement.
She said if we didn't want to cooperate, improvements could be put in but at 34
feet not 40 feet as per plans. New plans would have to be drawn. She said the
city would pay for all drawings and work with my engineer. I said fine, 34 or 40
feet was fine with me but no liens against my homes.
We asked our neighbor Mr. Terry Kuenzli if he knew anything about citizen
concern on Audrey Road improvements. We told him of the change and he
became quite concerned. We told him it made no difference to us 34 or 40 feet
was fine but we wanted to do some improvements. He started a petition
requesting a say about Audrey Ave. He had a meeting with Joan and then he
had a meeting with the mayor.
A day or so after the meeting with the mayor, Joan called and sounded upset.
She told me that everything was going great until someone instigated Terry.
Now the decision after the mayors meeting was to do nothing with the street
improvements. A lien would be placed on our homes. I told her that the city
could buy my homes or live up to the signed agreement. I told her that I would
sue the city if they tried to lien my homes. She called back in five minutes and
told me no decision had been made, and the council would hear Terry on the 5th
of May. She said public works would take the position that no improvements be
done at this time.
Page 2
The city of Campbell signed an agreement with my company, the city collected
fees from me. the city had me spend a lot of money on drawings and
engineering, now the city wants to change their minds after I undertook this
project. The city will cause me great financial damage by this action. My bank
may call the loan due because the project might be unsellable.
We have already suffered by spending attorney fees and countless hours on this
subject. Why is it that the city doesn't have to have credibility but the citizens
do?
Please make a Decision now. 34 or 40 feet we don't care but we must make
some improvements or we will be forced to sue the city and that will be a great
loss to all tax payers.
Sincerely.
Tony A. Santos
President
Page 3
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II
SANTOS
GENERAL
CONTRACTING
VERN SANTOS . TONY SANTOS
1440 MICHIGAN, ALVISO, CALIFORNIA 95002-0835 . TELEPHONE/FAX (408)263-1422 . CONTRACTORS LICENSE NO 399339
May 1,1992
On the 25th of March Michelle Quinney called me and asked that Santos
General Contracting refrain from installing standard street improvements on our
Audrey Street project in Campbell. Michelle said that the city had concerned
citizens who wanted a say about what type of street improvements were being
done in the area. She said that a refund would be given to us on all fees paid to
the city and that after meetings and a review committee being set up, a decision
would be made about the streets. The improvements would be installed
anywhere from nine months to five years. A lien would be placed on our homes
to insure payment of the improvements when decided. I told Michelle that the
thought of putting a lien against my unsold homes, especially an undetermined
amount of lien, was crazy in the recession and that the city was condemning my
business to bankruptcy. Michelle said Joan Bollier would be calling me to
discuss this further.
Five minutes later Joan Bollier called and the conversation was exactly the
same. No improvements at this time. A lien would be placed on the homes.
Joan again stressed that the city had citizen input. I asked when, where, how, in
what manner had the citizens approached the city. I told her that we went
through all the public hearings without a protest. In fact, some citizens who were
at a hearing got up and spoke in favor of our project because we did such a
great job on the Oburn Court project on Audrey Ave. Joan never did tell me how
the citizens contacted the city but told me about a meeting that was going to take
place concerning the streets. I told her that I would like to attend to voice my
opinion. She told me it was for residence only. I informed her that I owned close
to a million dollars worth of homes on Audrey Ave. and that I should have a say.
Joan asked for my cooperation in the matter. I said I couldn't survive financially
with a lien on my homes. I asked her if she would buy a $ 500,000.00 home with
an undetermined lien against it and no sidewalk or street improvements. She
said that the city was not out to hurt us.
Michelle Quinney sent a letter reviewing our conversation on the phone. She
also sent a new contract requesting that we allow the city to lien our homes and
to delay the improvements. I went to see my attorney who informed me that the
city did not have the right to lien my homes and that the city should live up to the
/ agreement that both parties signed.
\ '-. ~ My partner and I went to the city and talked to Jim Penoyer. We asked for a
> copy of the contract and told him of our problem. Don Wimberly was walking by
and Jim suggested we talk to Don. Mr. Wimberly came over and we started to
()...) v tell him about the situation. Don set the tone of the conversation. I told him we
U-.. were very unhappy about the street delay. He said the city isn't here to make
N'--~JC developers and .contra~tors happy. I asked abo~t credibility after signing ~
<i ~~s' contract. He said the city has a right to place a lien on your property any time
)><c,; they want. We do it all the time. He said the city owns the streets but then later
in the conversation he said the citizens own the streets. He told me that Santos
General Contracting did not have a permit in our possession. I told him that was
true because the city never sent it to me. Don King and Jim Penoyer both said
all requirements had been met and we could start anytime we wanted to. Our
homes are 90% completed, if we don't have a permit how come the city allowed
us to construct. In my opinion Mr. Wimberly was very sarcastic in our
conversation, I realized that the conversation was going no where. I asked Mr.
Wimberly had anyone thought about the money that this would cost if we had to
go to attorneys. He took great offense to that and said I read you loud and clear,
I got your message. I felt it was going no where so we left.
Q.0
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April 2, 1992, Joan Bollier called and talked about us not signing the agreement.
She said if we didn't want to cooperate, improvements could be put in but at 34
feet not 40 feet as per plans. New plans would have to be drawn. She said the
city would pay for all drawings and work with my engineer. I said fine, 34 or 40
feet was fine with me but no liens against my homes.
We asked our neighbor Mr. Terry Kuenzli if he knew anything about citizen
concern on Audrey Road improvements. We told him of the change and he
became quite concerned. We told him it made no difference to us 34 or 40 feet
was fine but we wanted to do some improvements. He started a petition
requesting a say about Audrey Ave. He had a meeting with Joan and then he
had a meeting with the mayor.
A day or so after the meeting with the mayor, Joan called and sounded upset.
She told me that everything was going great until someone instigated Terry.
Now the decision after the mayors meeting was to do nothing with the street
improvements. A lien would be placed on our homes. I told her that the city
could buy my homes or live up to the signed agreement. I told her that I would
sue the city if they tried to lien my homes. She called back in five minutes and
told me no decision had been made, and the council would hear Terry on the 5th
of May. She said public works would take the position that no improvements be
done at this time.
Page 2
The city of Campbell signed an agreement with my company, the city collected
fees from me, the city had me spend a lot of money on drawings and
engineering, now the city wants to change their minds after I undertook this
project. The city will cause me great financial damage by this action. My bank
may call the loan due because the project might be unsellable.
We have already suffered by spending attorney fees and countless hours on this
subject. Why is it that the city doesn't have to have credibility but the citizens
do?
Please make a Decision now, 34 or 40 feet we don't care but we must make
some improvements or we will be forced to sue the city and that will be a great
loss to all tax payers.
Sincerely,
Tony A. Santos
President
Page 3
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CITY OF CAMPBELL
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70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
April 2, 1992
Santos General Contracting
1440 Michigan Avenue
Alviso, CA 95002
Attention:
Mr. Tony Santos
Subject:
Street Improvements at 1187
associated with Parcel Map 90-02
Audrey
Avenue
Dear Mr. Santos,
This letter is to confirm our conversation this morning regarding
revising the design of the street improvements you are to install,
across the frontage of your development on Audrey Avenue.
The City has requested that the street improvements be revised from
a 20 ft. half street to a 17 ft. half street, with a marginal
sidewalk in lieu of a park strip. The proposed street trees are to
be installed behind the sidewalk.
In order to expedite the design reV1S1on, the City will work
directly with your Design Engineer, Bob McDermott, to facilitate
these revisions. The City will negotiate and pay the associated
design costs directly. We will mark up the plans wi th the
requested revisions and meet with Bob McDermott early next week.
Mr. McDermott indicated that he could complete the revisions within
a few days, therefor we anticipate no adverse impact on your
schedule.
We estimate that you will realize a construction cost savings due
to the design revisions. We appreciate your cooperation in making
this change, especially so late in the game.
CITY OF CAMPBEll
Santos General Contracting
April 2, 1992
Page 2
I will call you by next Friday, April 10th, to update you on the
status.
Very truly yours,
~"' J~7 .p.,-tl..u/~
J~~ M. Bollier, P.E.
City Engineer
cc: Don Wimberly, Public Works Director
Michelle Quinney, Senior civil Engineer
Sal Duckworth-Lanzo, Senior Civil Engineer
CITY OF CAMPBELL - COUNCIL REPORT
ce-
,..
Meeting Date:
Novenber 20, 1990
Item #
Category:
CONSENT CALENDAR
Initiating Dept:
Public Works
Title:
Resolution - authorizing execution of an agreement with
Virginia Enterprises for street improvements at 1187 Audrey
Avenue
RECOMMENDATION:
That the City Council adopt a resolution to authorize the Mayor to execute
an agreement with Tony Santos, Vernon G. Santos and Dorothy M. Santos
d.b.a. Virginia Enterprises to install street improvements at 1187 Audrey
Avenue.
DISCUSSION:
On April 3, 1990 the City granted conditional approval of a parcel map (PM
90-02) to split one lot into two at 1187 Audrey Avenue. The applicants
were required to install street improvements as one of the conditions of
approval. The agreement obligates them to complete the improvements within
one year from the date the agreement is signed.
COSTS: 0 .
Approved by Department Head
Approved by City Manager
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RESOLUTION NO
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH VIRGINIA
ENTERPRISES FOR STREET IMPROVEMENTS AT
1187 AUDREY AVENUE.
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
1. The Mayor is authorized to execute an agreement 'with Tony
Santos, Vernon G. Santos, and Dorothy Santos d.b.a. Virginia
Enterprises to install street improvements at 1187 Audrey Avenue.
PASSED AND ADOPTED this
following vote:
day of
, 1990 by the
AYES: Councilmembere
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
John J. Ashworth, Mayor
ATTEST:
Barbara Olsasky, City Clerk
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CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER
Date: 10- 30 - PO
To: San~o.. C It\r"t\ LllnJ ~ 'Tt/lc La,
7D/ k1; I leI'- 5 f.
S at\\ j D ~ e" C A 7 ,. 1/ 0
Attention: \N 0./ n (, ;\1, ~ ht::( (' tJt
Reference San tDS 'Parc.t Ma F 1141 A l),J,-"y Av,
SUBJECT: F l n t\ \ Ma r
We are forwarding via: mail messenger separate cover
enclosed '---' attached other
The following:
o \"" ~ ('1 ~ n a /
IV{ C\ F'
Remarks:
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THIS AGREEMENT (identified as No.Pld 36 ) made and entered
into this 20th day of Ne"Jcmecr ' 19 90, by and
between TONY SANTOS, VERNON G. SANTOS and DOROTHY M. SANTOS,
d.b.a. VIRGINIA ENTERPRISES hereinafter referred to as "Owner,"
and the CITY OF CAMPBELL, a municipal corporation of the County
of Santa Clara, State of California, hereinafter referred to as
"City."
WHEREAS, on April 3, 1990 City granted conditional approval
of PM 90-02 for that certain real property described as Lot 6
of "Hillview Acres", Tract No. 339 a copy of which map was
filed for record on July 15, 1946 in Book 11 of Santa Clara
County Maps at page 19 and commonly known as 1187 Audrey
Avenue, which property is hereinafter referred to as "said real
property";
WHEREAS, compliance with the terms and conditions of this
agreement are conditions to the final map approval of above
described two lot residential subdivision;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at
his own proper cost and expense, public street improvements as
described in section 11.24.040 of the City Code within 12
months from the date first mentioned hereinabove; provided,
however, that in the computation of said 12 months period,
delays due to, or caused by acts of God, viz., unusally
inclement weather, major strikes, and other delay beyond the
control of Owner or his successors shall be excluded.
(2) It is expressly understood and agreed to that if
Owner shall fail to complete the work required by this
Agreement within the said 12 month period, the City, after
giving ten (10) days' written notice thereof to Owner, or his
successors, may construct and/or install said improvements and
recover the full cost and expense thereof from owner, or his
successors.
(3) Owner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the construc-
tion and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by
a civil engineer registered by the State of California and
submitted to the City Engineer for examination and approval.
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 satisfaction 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, Owner, or his successors, shall
provide reproducible as-built plans to the City Engineer.
,
(4) The construction work of the improvements embraced ~y
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No. 4 of
Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer
pursuant to Section (3) of this Agreement, Owner, or his
successors, shall pay to the City for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by City in
connection with said improvements, a sum in the amount of seven
percent (7%) of the estimated cost of the improvements at the
time of construction.
(6) Owner, or his successors, shall file with City, prior
to approval of the plans by the City Engineer, surety
acceptable to the City in the amount of of FIFTEEN THOUSAND
THREE HUNDRED THREE HUNDRED DOLLARS (15,300.00) 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
Owner, and his successors, 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 acceptance to not less than twenty-five (25) percent of
its full value.
(7) Upon final release of said surety by City, the
obligations of OWller, and his successors, contained 1n this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, will execute a petition for the formation of any
2
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.
(9) Owner, or his successors, shall participate in and
become a part of any special assessment district as described
in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said City Engineer by srid
special assessment district shall be considered null and void.
(10) Owner, or his successors, 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 sewage system to serve said real
property, and Owner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
(11) Owner, or his his successors, 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 Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
San Jose 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. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(13) Any easement and right of way within or without SalQ
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his own cost and expense. It is
provided, however, that in the event Esinent domain proceedings
are required for the purpose of securing said easement and
right of way, Owner, or his successors, shall deposit or cause
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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 the City.
(14) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his 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 modif~'
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, coremonly known as 1147 Audrey Avenue, and the City's
property, commonly described as Audrey Avenue where it adjoins
Owner's property. These covenants shall be considered to
affect rights in the above-described real properties, and shall
be binding on the heirs, assigns, successors, and grantees of
Owner to said real property_
(17) Nothing contained herein shall be construed to transfer
any unvested interests in real or personal property for
purposes of the rule against perpetuities.
(18) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
,
,
(19) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
(20) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
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 Owner has caused his
name to be affixed the day and year first above written.
APPROVED AS TO FOR!-1: " CITY OF CA~PBE7.
~~',4tLJ~~{~
Wllllam ~~ellgmann, Michael F. Kotowski, Mayor
Clty Attorney
.......II...........II.U..."'...........O.
I@<,...OFFICIALSEALI
i ' WANDA I. OliNGER
I. NOTAR\ fU81',lC . CAliFOR/m :
. SANT'" CLARA COUNTY:
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Dorothy E. Santos
/ a. Virginia Enterprises
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Vernon G. Santos
GENERAL ACKNOWLEDGMENT
CAL-2;
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~ State of California../~"P//A)
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On this the 3A' /J tiay of ~ 7"IJ/f'fi-A
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the undersigned Notary Public, personally appeared
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: Notary's Signature, :
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i@ OFFICIAl. IEAll
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~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 7;6I~Y
within instrument, and acknowledged that
WITNESS my hand and official seal.
subscribed to the
f'xecuted it.
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
WIMBERl
HELMS
JOCSON
KRUeeR
PENOYER
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CITY OF CAMPBEll
Department:
Public Works
July 27, 1990
Mr. Tony Santos
P.O. Box 835
Alviso, CA 95002
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Re: S 90-06
1187 Audrey Avenue
Dear Mr. Santos:
One of the conditions of the recent approval of your application to
construct two single-family homes on Audrey Avenue ,was the completion of
the parcel map procedure creating the two lots. Enclosed is a copy of the
conditions of approval of the parcel map along with three copies of the
required street improvement agreement.
We would appreciate it if you would sign the agreement, have it notarized,
and return two copies with the faithful performance bond in the amount of
$15,300.00. The extra copy of the agreement is for your file.
If you have any questions regarding the street improvement plans or the
grading and drainage plans please contact Don King of our office. For any
other questions call me. We can both be reached at (408)866-2150.
Sincerely;
James Penoyer
Engineering Technician
. .
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
PLANNING
RECEIVED
J U L :~ ~J 'i':f:lU
'ub'ic W or"" tnt.nee"ng
July 25, 1990
Mr. Tony Santos
Santos General Contracting
P.O. Box 835
Alviso, CA 95002
RE: S 90-06
1187 Audrey Avenue
Dear Tony:
Please be advised that the Planning Commission, at its meeting of
July 24, 1990, approved your request for a site and Architectural
application allowing the construction of two single-family homes on
the referenced property. This approval is effective 10 days
following the Planning Commission's action, and is subject to the
Conditions of Approval per the attached enclosure. The Planning
Commission's approval is valid for one year.
If you should have any questions regarding this approval, please do
not hesitate to contact the Planning Department.
Sincerely,
T:T:~yl~
Planner II
TJH:ab
enc.
cc: Public Works Department
Building Department
Bruce Johnson, Architect
Fire Department
Chron
File
CONDITIONS OF APPROVAL FOR FILE NO. S 90-06
SITE ADDRESS: 1187 AUDREY AVENUE
APPLICANT: TONY SANTOS
P.C. MTG. DATE: 7/24/90
The applicant is hereby notified, as part of this application, that
he/she is required to meet the following conditions in accordance
with the Ordinances of the City of Campbell and the Laws of the State
of California. Additionally, the applicant is hereby notified that
he/she is required to comply with all applicable Codes and Ordinances
of the City of Campbell and the State of California, which pertain to
this development and are not herein specified.
1. Revised elevations indicating revised chimney materials to be
submitted to the Planning Department and approved by the
Planning Director upon recommendation of the Architectural
Advisor prior to application for a building permit.
2. Property to be fenced and landscaped as indicated and/or added
in red on the plans. Landscaping and fencing shall be
maintained in accordance with the approved plans.
3. Fencing plan indicating location and design details of fencing
to be submitted to the Planning Department and approved by the
Planning Director prior to issuance of a building permit.
4. All parking and driveway areas to be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper
guards.
5. Underground utilities to be provided as required by Section
20.36.150 of the Campbell Municipal Code.
6. Plans submitted to the 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.
7. The applicant is hereby notified that the property is to be
maintained free of any combustible trash, debris and weeds,
until the time that actual construction commences. All
existing structures shall be secured by having windows boarded
up and doors sealed shut, or be demolished or removed from the
property. Section 11.201 and 11.414, 1979 Ed. Uniform Fire
Code.
BUILDING DEPARTMENT
8. Retaining walls at property lines are limited to a height of 15
inches if constructed of wood.
PUBLIC WORKS DEPARTMENT
9. Complete the parcel map (PM 90-2) creating the two lots.
10. Submit five copies of the grading and drainage plans for review
by the City Engineer showing the relationship to adjacent
parcels.
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CITY OF CAMPBELL
RGC~IVk.:;
APR 0;) 189U
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866.2100
Public Workt/Engineering
Department:
Planning
April 3, 1990
Mr. Bob McDermott
Jennings McDermott Heiss, Inc.
civil Engineers
925 Regent street, suite #200
San Jose CA 95110
Re: Approval of Tentative Parcel Map
Lands of Coffey
APN 406-25-30
1187 Audrey Avenue
Dear Mr. McDermott:
The Planning Director and the Public Works Director have approved the
referenced Tentative Parcel Map based upon the mandatory findings that
this Tentative Parcel Map, together with the provisions for its design
and improvement, is consistent with the General Plan of the City of
Campbell.
The final map shall be filed with the City Engineer for examination,
approval and recordation in accordance with the provisions of the
Subdivision Map Act.
This approval is subj ect to the attached conditions.
OF PUBLIC WORKS
cc: pon Coffey
V Michelle Quinney - Public Works Department
Re: PM 90-02 - Lands of Coffey
1147 Audrey Ave.
April 3, 1990
Page 2
Condi tions of Approval
1. Process and file a parcel map creating the two lots.
2. Pay storm Drain Area Fee of $949.00.
3. Pay a fee of $5,434.00 in lieu of dedicating land for parks.
4. Install standard street improvements in Audrey Avenue.
5. Document the legal status of the 25-foot wide Light and Air
Easement that was offered for dedication, but not accepted, on
the map of Tract 339.
6. All existing structures to be removed prior to recordation of
parcel map.
7. Applicant is herein notified that demolition permits must be
obtained prior to removal of structures and that the R-1-10
(Single Family Zoning District) is subject to a site and
Archi tectural approval application requirement which must be
approved by the Planning Commission.