Construct Land Development Improvements - Cox, Jack and Marie; Lovelace, Richard and Starla
NO FEE per GC Sec. 6103
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CITY OF GILROY
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;UCCESSORS IN INTEREST TO
JPMENT IMPROVEMENTS No.
84-1
7351 Rosanna Street
G~lroYt California 95020
AGREEMENT BY OWNER OR HI
CONSTRUCT LAND DEV~
P;'oject Identification:
Assessor's Parcel No. 841-15-050
I 294 :)~Gt 415
This is an agreement between the City of GilroYt hereinafter
referred to as "City" t and JACK C. and MARIE I. COX, and
RICHARD K. and STARLA J. LOVELACE
hereinafter referred to as "Owner".
WHEREASt Owner of the property described in Exhibit At wishes to defer
construction of permanent improvements and City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
NOWt THEREFOREt IT IS AGREED:
I. AGREEHENT BINDING ON SUCCESSORS IN INTEREST
This agreementt together with the attached stipulationst is an instrument
affecting the title or possession of the real property described in Exhibit A.
All the termst convenants and eonditions herein imposed shall be binding upon
ar.d inure to the benefit of the successors in interest of Owner. Upon the sale
or division of the property described in Exhibit At the terms of this agreement
shall apply separately to each parcel and the owner of each parcel shall succeed
tc. the obligations imposed on Owner by this agreement.
Ii. STREET AND DRAINAGE IMPROVEI1ENTS
A. City and Owner agree that the im~rovements set forth in this section
may be deferred because: These fees and improvements are inappropriate
at this time.
B. Owner agrees to construct the following improvements on or adjac,~nt to
the property described on Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required by the City Department of Public Works as gene rally
deecribed below. (Cross out improvements that are not required.)
I . Sttr-b-lIttO- ~~ ee-r .
2. SJ:.de.wllHt-tJ.
'3. Driveways.
4 . S~r-eet -g-r~41Tg-t- 4>tl&e- -frt'1-8 - - -v{ 'ft~ .
5. Storm drainage facilitiet
6. Erosion control plantings and facilities.
7 . ~~.:;o.~i.e..l~~ .
8. U~~t:.Q.U..'1.C.l_ ~o.ndl.lj, t.--Wi-t:.A-\o,l:!..r-i+l~ -I'Hl-d- -F~ LL-be*e-s
9. B-a-r-r-ieade-s--arrG- -ot:r.ei""' -{"f!tp-r-~~"'Iten t-o,re-e tleU- -LTJi.- -t"rcrff rc ""b"71-f l'! ty ,
10. Street trees and other improvemente between the eurb and pcoperty
line.
11 . &~r-eet -&~-8 .
1 2 . R-e-~a ~:bo-n-.Q ~ -e*.! -6 ~ i-fit...r... 4' ~ttee-6-; - & :J:.g-n.s- tt I'ld- ""tit of: Hi:-l-ett .
13. Payment of a pro rata share of the cos ts as determined by the
Department of Public Works of a storm drainage or street improvements
which has been. or is to he, provided by Owner and others Hhere such
facility benefits the property described in Exhihit A.
NOTE: Fees are payable at the rate in effect at time of payment.
14. Engineering and inspection and plan check fees.
15. &mrl:~~ry--&~wlrge--f-ae:l:-H1:i:es-.
1 6 . Wirt'er- 1tys1:-em.
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I 294 ;)~.Gt 416
C. When the City Director of Public Works determines that the reasons
f'.LC the deferment of the improvements as set forth in section 11 ,no longer
eKistt he shall notify Owner in writing to commence their installation and
construction. The notice shall be mailed to the current owner or owners of the
land as shown on the latest adopted county assessment roll. The notice shall
describe the work to be done by owners, the time within which the work shall commence
and the time within which the work shall be completed. All of any portion of said
improvements may be required at a specified time. Each owner shall participate
on a pro rata basis in the cost of the improvements to he installed. If owner
is obligated to pay a pro rate share of a cost of a facility provided by otherst
the notice shall include the amount to he paid and the time when payment must be made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make the payments required by City
as set forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit said improvement plans and
specifications for approval prior to commencement of the work described in the
notic~ and to pay city inspection fees. The work shall be done in accordance
with city standards in effect at the time improvement plans are submitted for
approval. Owner agrees to commence and complete the work within the time
specified in the notice given by the Director of Public Works and to notify the
City at least 48 hours prior to start of work. In the event Owner fails to
ccnstruct any improvements required under this agreementt City may, at its
option do the work and collect all costs from Owner. Permission to enter onto
the property of Owner is granted to City or its contractor as may be necessary
to construct such improvements.
IV JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other property ownerst the
City and other public agencies to provide the Improvements set forth herein under a
joint cooperative plan including the formation of a local improvement districtt if this
method is feasible to secure the installation and construction of the improvements.
V REVIEW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in any notice to commence
installation of improvements he shall. within 30 days of the date the notice was mailed,
request a review of the requirements by the City Council. The decision of the Council
shall be binding upon both City and Owner.
VI MAINTENANCE OF IMPROVEMENTS
City agrees to accept for lnaintenanc.
wh:Lch are constructed and completed in ac
and are installed within rights of way or
0: the City Council.
Owner agrees to provide any necessary temporary drainage facilities, access roads
0,- other required improvements, to assume responsibility for the proper functioning
thereoft to submit plans to the appropriate City agency for reviewt if requiredt and to
mc;intain said improvements and facilities in a manner which will preclude any hazard to
life or health or damage to adjoining property.
~hose improvements specified in Section II
dance with City standards and requirements
sements dedicated and accepted by resolution
VIr BONDS
Prior to approval of improvement plans by the City, Owner may be required to
execute and deliver to the City a faithful performance bond and a labor and materials
bond in an amount and form acceptable to City to be released by the City Council in
whole or in part upon completion of the work required and payment of 311 persons
furnishing labor and materials in the performanc,," (if tlH';W'JLk.
VIII
INSURANCE
,
Owner shall maintaint or shall require any contractor engaged to perform the work
to maintaint at all times during the performance of the work called for hereint a
separate policy of insurance in a form and amount acceptable to City.
IX INDEMNITY
The Owner shall assume the defense and indemnify and save harmless the CitYt its
officerst agents and employeest from every expenset liability or payment by reason of
injury "including death" to persons or damage to property suffered through any act or
I 294 :).~G: 417
.
omissiont including passive negligence or act of negligencet or botht of the Ownert his
employees, agentst contractorst sub-contractorst or anyone directly or indirectly
employed by either of themt or arising in any way from the work 'called for by this
agreementt on any part of the premisest including those matters arising out of the
deferment of permanent drainage facilities or the adequacYt safety, use or non-use of
temporary drainage facilitiest the performance or non-performance of the work.
This provision shall not be deemed to require the Owner to Indemnify the City
against the liability for damage arising from the sole negligence or willful misconduct
of the City or its agentst servants or independent contractors who are directly
responsible to the City.
IN WITNESS ~lliREOFt City has executed this agreement as of
February 6t 1984
ATTEST:
CITY OF GILROY
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CITY CLERK
APPROVED AS TO FORM ~
fu {cU' ,('II" /~
CITY ATTORNEY
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IN WITNESS WHEREOFt Owner has executed this agreement as of
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STATE OF CALIFORNIA
COUNTY OF Santa Clara
On this 27th day of January in the year
Nineteen hundred eighty-four , before me
Janice N. Veatch , a Notary Public, State of California, >
.. d 11 d Jack C. Cox '\
duly commlsslOned an sworn, persona y appeare . ' 1
Richard K. Lovelace, Starla J. Lovelace, Marie T r.ox ,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person ~ whose name s are
subscribed to the within instrument, and acknowledged to me
that t heL- executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the City of Mllpitas County of
Santa Clara on the date set forth above
in this certificate.
This document is only a general form which may be proper tor use in simple transactions and in no
way acts, or is intended to act, as a substitute for the advice on an attorney. The publisher does not
make any warranty, either express or implied as to the legal valtdity of any provision or the
suitability of these forms in any specific transaction.
Notary Public, State of California
1-11-85
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My
Cowdery's Form No_ 32-Acknowledgement to Notary Public-Individuals (c_c. sec_ 1189.)
City Clerk, City of GilroYt State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
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EXHIBIT A
COX and LOVELACE AGREEMENT
I 294 r).~GE 418
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CITY OF GILROY
I 294 ;)-~GE 419
DEVELOPMENT CUST SCIlEUULl~
.
No. 84-1
Uil l e 1-11- 8 4
InitLaIed SD-L
Location of Property
South~ast corner of Engle Way and Luchessa Ave.
Name of Applicant
841-15-050
JACK C. and MARIE I. COX and
RICHARD K. and STARLA J. LOVELACE
Assessor's Parcel U
Address
1570 Gladding Ct. Milpitas, CA 95035
Type of Development Proposed
Parcel Split
Area
3.043 acres
Storm Drain
Area "D"
Street Frontage n/a
Engineering Map Check 01-10U-IIUO-60U4-11 $ 96.00
Subdivitjiolls $ +$ ([\ )
Parcel Splits $ 87.00 +$ 3.00 (n)
noa number of lottl n = 3 lots
Engineering Plan Check and Inspection U 1-llJU-l1 UU-6004-12 S n/a
,
S% of the Cost of Public Improvements
S% "
:, ~
Miscellaneous Engineering Se rvice UI-I00-II0U-6004-13 $ n/a
hour!> x ( )
Public Works Microfilming
01-lUU-11UU-bOU4-14
$
5.00
$5.00 per !>heet (maps and plans)
x 1 sheet
Fire Hydrallt Location Fee
(J/-Ul)-j 'JU(J-8UUj-(HJ
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n/a
$ for the fir b t '> It Y d r.iIlt r;
+$__ for each additional hydrallts
Area Water Charge
UJ-JU(J-IJUU-7l(J)-UU
$ Deferred
Acres @$___/acl'e
Acres @$
/ aCl'e
Constructioll Water
U j-l2u-l 'JUU-IiUU 1-UO
$ Deferred
U' @$
/1.H
Ac reti (:J $__,_u_____/ acre
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Wood role tlount~d E~~ctrol.1~r
UI-IUU-11UU-bUU4-UU $
n/a
LF @$
ILF
Public Worlf-tl Catlh tiondtl and Ot:IHlbltti
Uti-UUU-I1UU-bUU4-U2 $ 6.00
$
$
I",
TUTAL $ 107.00
o t lu: r
Otht:r
NOTt:; All deterred fet:ij arc Pdyublc dl the latc 1n dtt:ct LiL llluc of payulcll~.
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