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Construct Land Development Improvements - Dollar, John and Dana L. ~ c \:, ~)\\.'V . ". ~ I Q ?-_J ';P1 4 tQ~>.:(-' .ro..~*3 n\.~~,~,';;..rl")' 1, . . -;J , ,,\, ".. .\ r ~"~~ I .. A. \)yJ \ \- ,'-6 ~~\\ l\ "' \\t"~~i~1~ ~ ,- '\ \ f:.,.\. '", >, "" , ~ N\. 7351 Rosanna Street O~r\,J~\J"\\~"~~'\\r\~9. \ "Gilroy t California 95020 Sr.\~~~R(~S. i~_Ct)?vv ~,~;: ;~~ ~~. ~t~. . < AGREEMENT BY OWNER OR HIS SITCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPI1ENT IMPROVEt1ENTS No. NO FEE per GC S~c. 6103 \ CITY OF GILROY 83-44 Project Identification: Assessor's Parcel #783-24-007 t2:46~B!1.62 This is an agreement between the City of GilroYt hereinafter referred to as "City" t and JOHN W. and DANA L. DOLLAR 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 ptovided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOWt THEREFOREt IT IS AGREED: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement, together with the attached stipulationst is an instrument af~ecting the title or possession of the real property described in Exhibit A. AJJ the J.:,=r,r;:,~' ,>,':/!a'renants and ('",,<?Letarte:' ,\...-<'{:~tll ImfHJsed 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 to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEt1ENTS A. City and Owner agree that the j r.provements set forth in this section mc~r be deferred because: Improvements and fees are not appropriate until further development of this property. B. Owner agrees to construct the following improvements on or adjacent 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 generally descri bed below. (Cross out improvements that are not requi red. ) 1. Curb and gutter. 2. Sidewalks. 1. Driveways. 4. Street gradingt base and paving. 5. Storm drainage facilities. 6. Erosion control plantings and facilities. 7. Electroliers. 8. Underground conduit with wiring and pull boxes. 9. Barricades and other improvements needed for traffic safety. 10. Street trees and other improvements between the curb and property line. 11. Street signs. 12. Relocation of existing fencest signs and utilities. 13. Payment of a pro rata share of the costs as determined by the Departl~nt of Public Works of a storm drainage or street improvements which has been t or is to be. provided by Owner and others where such facility benefits the property described in Exhibit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 15. Sanitary sewage facilities. 16. Water system. -1- ~ 124G~~:UE1:6J C. When the City Director of Public Works determines that the reasru"s' (,J for the deferment of the improvements as set forth in section II,no longer exist, 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 ownerst the time within which the work shall commence and the time within which the work shall be comlJleted. 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 be 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 be paid and the time when payment must be made. 11. I. PERFORt1ANCE 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 Ci ty 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 cons truct any improvements required under this agreement t 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 City and other public agencies to provide j,)lnt cooperative plan including the form m8thod is feasible to secure the installa- ~ City with other property ownerst the .e Improvements set forth herein under a on of a local improvement district t if this III 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 shal1t within 30 days of the date the notice was mai1edt 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 maintenance those Improvements tipecl.rl.eo l.n Section II which are constructed and completed in accordance with City standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, access roads or other required improvementst to assume responsibility for the proper functioning thereoft to submit plans to the appropriate City agency for review, if requiredt and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. VII BONDS Prior to approval of improvement plans by the CitYt ~1er may be required to execute and deliver to the City a faithful performance bond and a labor and materials bGnd in an amount and form acceptable to City to be released by the City Council in wilole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. VUI 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 246 .t~Gt 164- omissiont including passive negligence or act of negligence, or botht of the Ownert his employeest agentst contractorst sub-contractorst or anyone directly or indirectly e!llployed by either of them, 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 safetYt 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 WIlEREOFt City has executed this agreement as of January 16, 1984 ,A\!-"l'EST: CITY OF GILROY '~~~~: i./~-,.~,,~,':'~ " .,'. 'CITY .i " \ "" ,>, .,0, '" " ( ~,I<__; ,,,\-7"\ : d: I . ':.' ,,;11 ''"!-:,\ elU \ ! '..;", !'-'~:re:J" . I .' ". 1:. ..'. .'.'- ',.", ',,:. ,- \::.., >. ~.. . ~"c~: '~.;f'~; ,\ .?::~l~~~:~ \-;" ~p. P~C)tED'4S ~i1j?f6RM ...; '-, - .'. ,.,.:- ('" "-', r- ~. 1 (: .P" . /. -,.i- t I < r" '\+14:'", /,,' ,I' " /-, .1Z'l\,/ CITY ATTORNEY ;/ ~;(T7- , IN WITNESS WHEREOFt Owner has executed this agreement as of January 6, 1984 (" /"i C: . ~.,_.~,. ,,- ,t I~:., /L-1tcL f'::'~ ~ 'c--{(c,;,'--'" / '. " (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this 6th day of January in the year one thousand nine hundred and ei~hty-four t Notary Public, City Clerkt City of Gilroy State of California, duly Bworn, personally appeared JOHN W. DOLLAR & DANA L. DOLLAR known to me to be the persons des cri bed in and that they executed the within instrument on their behalf therein namedt and acknowledged to me that they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official ,'s,~~+'''?L the City of Gilroy in the County of Santa Clara the day and year in '''(hi'.,.' "rt;.,,1,ficate first above written. "flrl~";;~1-~I~~~t:~i'" ' >...~~~,'G'(sC"'" " ........--.;"-~..... _r~" ". ~ '<"~~":~Io' ,-~;':'~,t ~ . '-- ,.~, '~:\:;.,;, ..' '\ 'l'~' , . ..~~~~~~~;. -. " \'" ~ ~~.,~ 0 ,'";;~" \ t. &;. .,1t."'1.'* ~ I ,,,*, ' i!' ~',. ..r) ~}: ~~-~-~,~~ ~ I c"rY/ ,1:\ ' rnia Sec. 40814 -3- ---- ! i 1209/49 I ~ 9 I 246 :'~GE 165 f u 25/54 ~ ::J Q: W I- 4" 1 ~ T ~ E~ ~ I D. I~ 2 7 / I 9/ \ Sc Iii J r- o p~SI~~ III Ut' ~ /~ ~ I~ Ii!. I ~ 1-1 ~ '0 ~ N r- ~ D ~::> (1385/41 ~ ~ ~~ ~ E? ~ r- u -at G> - _f--.- ~ ~ L 3 3 8 / 32 I I A~ei fj I L-J --.J D lW/8lplJrn IW. 7 pFr; f:E ~ r rn -- ;= i mrrr \ l \ ~~~ W!i\ H:; .. ~ \~ ~p'~_m~ ~ 0 ~ I ) /J:;-~ 1 ('(RJf}H ~ ,- ,~ H r~ 0 I~ () 1- :' I-----' ~~ ... J:? '< ~ 0 1411 ~. .1 _ ._ .., _______ _.m__n__~_____._. EXHIBIT A DOLLAR AGREEMENT I 246 ;'_I.GE 166 CITY OF GILROY DEVELOPMENT CUST SCHEDULE No. 83-44 Date 12-15-83 Initialed SD-L Location of Property Northwest coner of Santa Teresa Boulevard and Mantelli Drive Assessor's Parcel # Name of Applicant 783-21-007 JOHN W. and DANA L. DOLLAR Address 8825 Santa Teresa Blvd. GilroYI CA 95020 Type of Development Proposed Water hook-up Area 10 acres Storm Drain Area "B" Street Frontage n/a +$ 01-100-1100-6004-11 (n) (n) $ n/a Engineering Map Check SubdivisJons $ Parcel Splits $ n3 number of lots +$ Engineering Plan Check and Inspection 01-100-1100-6004-12 $ n/a 5% of the Cost of Public Improvements 5% x $ Miscellaneous Engineering Service 1 hours x ( 31. 00 \ Public Works Microfilming $5.00 per sheet (maps and plans) Fire Hydrant Location Fee 07-720-1900-8001-00 $ for the first 5 hydrants +$ for each additional hydrants 01-100-1100-6004-13 $ 31.00 01-100-1100-6004-14 $ n/a $ n/a Area Water Charge 03-3UO-1300-7203-00 $ 441. 00 0.23 Acres @$ 1918 Acres @$ /aCi-e /acre LF @$ /LF+ 07-720-1900-8001-00 Acres @ $ $ n/a Construction Water /acre -1- 'Jf t -Sitt: Storm Drain Fee Area "Au ~ /Acre - Area .'A-l"$ /Acre Area "U" ~ /Acre Area "C" $ /Acre Area "0" $ /Acre Area ueu $ /Acre Area uFu $ /Acre Area "Q" $ /Acre Acres @$ /Acre Acres @$ /Acre , , , Front f'oot Chargeli Wi-ter 60 U' @$ 12.51 /LF 486.16 LF- Deferred Sewer \ ~ U' @~ /LF Stoflll Drain LF @$ ILl" Street Improvements Pllvement SF @$ Curb fa Gut ter U' @$ Sidewalk Sf @$ Gal. Pole ElectroUer LF @$ Elect rolier Conduit LF @$ Fire Hydrant LF @$ Wood Pole l~unted Electrolier L1" @$ Public Works Cash Bonds and Deposits o the r Other 1246~!GE167 P.lh7 02-220-1300-7202-00 $ 02-220-1300-7202-01 $ 02-221-1300-7202-00 $ Deferred 02-222-1300-7202-00 $ 02-223-1300-7202-00 $ 02-224-1300-7202-00 $ 02-225-J300-7202-00 $ 02-226-1300-7202-00 $ 02-230-1300-7204-00 $ 751.00 02-230-1300-7205-00 $ By Developer . '"', 02-230-1300-7207-00 $ By Developer 02-230-1300-7207-00 $ Deferred /SF"$ Deferred /LF-$ II /SF-$ II /U'.a$ II /L1"-$ .i /LF-$ II 01-100-1100-6004-00 $ n/a /LF 08-800-1100-6004-02 $ $ . $ (~ TOTAL $ 1,223.00 NOTE: All deferred fees are payable at the rate in ef feet tit tirue of payment. -2- .