Construct Land Development Improvements - Gonzales, Antonio and Esther
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662756.0
CITY OF JILROY
F 88 P!~: 384
F 88 ?!GE 384
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73QO Ros~nna Street, P. 0. Rox 66
Gilroy, California
05020
OfFICIAL RECORDS:
SMi'A C1. AR..\ COUNT)'
GEC;',[ :' f.\:m;
REG) -Hi,;:1 f: r'
AGREE~FNT RY O~mER OR HIS ~UCCESSORS IN INTEREST TO
COnSTRUCT LMlD DEVELOPrlPlT WDRnVEr1P'TS
Project Identification:
AP #790-16-3 of 3
~~
This is an aqreement between the CITY OF GILROY, hereinafter
re.fe.rre'j,to JS "f,;ty". (Inri
Antonio J. Gonzales & Esther F.,
470 Ronan Avenue, Gilroy, California 95020
herei nafter referred to as I'~, ""pr" .
! fHEREAS. Ot.mer des i res to subdi vi de or develop the property
describe~ in Exhi~it ^ and wishes to defer construction of permanent
improvements an~ City al1rees to such deferment provided O\Omer a~rees
to construct improvements as herein providpd.
~!(1", T! !ERJ:: FORE, IT I S AG~EEO:
1. AGp.EEnEiIT RrlDPtG on SUCCESSORS Pl HlTEREST
This aryree~ent) toqether with th~ attached stipulations, is an
instrur.lent affectin'l the title or possession of the real ~ropert.Y
describpo in Exhi~it A. All the terms. convenants anrl conditions
hprein imposed sh'l11 "'e bindinq upon and ~nure to the henefit of the
successors in interest of Ovmer. Upon the sale or division of the
property descrll-'cd in Exhibit l\.. t"1e tems of this aqreement shall
apoly separately to each parcel and the O\\mer of each parcel shan
succeed to til~' ohli<M,tions imposed on (\\"w'Y' by this aqreempnt.
11. STREET ArlO DRAH1AGE H'PROVJ:r~H'TS
A. City and 'hmcr aqree that thp improvements set forth in
this section nmy be rleferred because
Complete improvements are not appropriate at this time.
furthermore, owner agrees to pay the $4,121.78
total development fees in the following manner:
$1,000.00 now with the balance, plus
interest at 6%, due on January the 1st
of 1981.
F 88 P!SE 385
B. Owner agrees to construct the following improvements on the
prqperty described in Exhibit A as welt as required off site improvements
in the manner set forth In this agreement:
Improvements required by. the City Department of Public \/orks as
generally described below. (Cross out improvements that iJre not
required.)
1. Curb and gutter
2. Sidewalks
3. Dr i veways
4. Street gradinq, base and paving
5. Storm drainage facilities
6. Erosion control plantinas and facilities
7. Electroliers
8. Underground conduit with wirin~ and pull boxes
9. Barricades and other improvements needed for traffic safety
to. Street trees and other improvements between the curb and
property line.
11. Street signs
12. Relocation of existinq fences, siqns and utilities
l3-... - ..P..a.y.ma.n-t- ..o.f. ..a. ..p.r..o. -r...a.ta-..sh.a.r.a.. ..o.f- -th6. ...c.os.t.s- ..as- ..d&te..r..(Q.lna.d...I:uf. ..tha.
~t~-o-fi-..fl.u.b-l-~4.~-&f--e-~-<k"-e-i-nttqe--o-p. street ~.;
wh-j...clr -he-g.- -been-,- -o-P- -1-9- -t-()- -be-,- ~i-ded- -by-.{)wne.r<. -end- -ot-he-r-s- -whe-f:.e.-5'U'Ch
f-a-c-l-l-i~ -bene.f-i-t-s- -t-he- ~-t-y- -<ie5-c-r-l.bed.. -i-n- -E-Mh-I-b-i-t- .f+.
J.4.... - ~i-oeer-i-f19- -and- ~-I-oo- ~-p-l-ao- ~...f-666
l-5-... - ....<;.a.n..i-t-a-r-y- ~ -f-av-l-l-i-t-l-e-s
u...- - ,.l.t.a.t-e.l"- -5-If5-t-MI-
C. When the City Director of Pubtic Wo~ks determines that the reasons for
the deferment of the Improvements as set forth in section I I 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 adooted 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, Allor any portion of said Im-
provements may be required at a specified tIme. Each owner shall partici~ate on
a pro rata basis in the cost of the imorovements to be installed. If Owner Is
obligated to Day a pro rata share of a cost of a facility provided by others, the
notice shall include the amount to be paid anrl the tIme when payment must be made.
I II. PERfORMAtlCE OF THE HORK
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 he prepared by competent persons
legally qualified to do the work and to submit said imorovement plans and
specifications for anproval prior to commencement of the work described In the
notice and to pay city Inspection fees. The work shall be done In accordance
with city standards in effect at the time improvement olans are submitted for
approval. Owner agrees to commence and complete the work within the time
specified in the notice given by the Director of Puhlic Yorks and to notify the
City at least 48 hours prlor to start of work. In the event Owner fails to
construct any Improvements required under this agreemf>nt, City may, at its option,
do the work and collect all the costs from Owner. Permission to enter onto the
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F 88 rt~: 386
property of Owner is granted to City or its contractor as may be necessary to
con~truct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with oth~r rrcperty cwners,
the City and other public aqencies to provide the improvements set forth herein
under a joint cooperative plan inctudlng the formation of a local improvement
district, if this method Is feasible to secure the Installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner dlsaqrees 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 dec.islon of the Coundl shall be binding upon both City and Owner.
VI. MAH1TENANCE OF IMPROVEMErlTS
City agrees to accept for maintenance those improvements specified in
Section I! which are constructed and completed in accordance with City standards
and requirements and are installed within riQhts of way or easements dedicated
and accepted by resotution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, ascess
road or other required improvements, to assume responsibitity for the proper
functioning thereof, to submit plans to the appropriate City agency for review.
if required, and to maintain said improvements and facilities in a manner which
will preclude any hazard to I ife or health or damane to adjoininq prooerty.
"I I. BO~lDS
Prior to approval of improvement plans hy the City, Owner may be required
to execute and deliver to the City a faithful performance bond and ~ labor and
materials bond in an amount and form acceotable to City to be rfleased 'hy the
City Council in whole or in part upon completion of the work required and payment
of all persons furnishing labor and materials In the performance of the work.
VIII. INSURANCE
Owner shatl maintain, or shall require any contractor engaged to perform
the work to maintain, at all times during the performance of the work called
for herein, a separate policy of insurance In a form and amount acceptahle to
City.
IX. INDEMNITY
The Owner shall assume the defense and Indemnify and save harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury "Including death" to rersons or damage to oropertv
suffered through any act or emission. includlnq passive neQliqence or act of
negligence. or both, of the Owner. his employees, agents. contractors. sub-
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F 88 r!S: 387
contractors. or anyone dtrectly or Indirectly employed by either of them~ or
arising in any way from the work called for by thTs agreement, on any part of
the premises, IncludTng those matters arising out of the deferment of permanent
drainage facilities or the adequacy. safety, use or non-use of temporary drainage
facIlIties, the performance or non-performance of the work. This provIsion shall
not be deemed to require the Owner to Indemnify the City against the ltabllTty
for damage arising from the sole negtlgence or willful misconduct of the City
or its agents, servants or Independent contractors who are directly responsible
to the City.
IN WITNESS WHEREOF, City has executed this agreement as of
December 17, 1979
ATTEST:
CITY OF GILROY
Attorney
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IN WITNESS WHEREOf.
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APPROVED AS TO FORM
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Owner has executed this agreement as of
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(Thia document to be acknor.Jledged with signaturea aa they appear on deed of title)
STATE OF CALIFORNIA )
)S5.
County of Santa Clara )
On this
nTne hundred and
day of
in the year one thousand
, before me,
Clerk, CTty of Gilroy, State of
, a Notary Public, CTty
California. duly sworn, personally appeared
known to me to be
executed the within instrument on
described In and that
behalf therein named, and acknow-
executed the same.
'ro 1944 CA (8-74)
(Individual)
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STATE OF CALIFORNIA
COUNTY OF Santa Clara
On December: 28, 1979
State, personally appeared A-T~--before me the u d .
______________~ n OnlO J. Gonzal~z a~dsl't~\h Notar:LPublic in and for said
_ er Y. Gonzalez
} SS. F
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,. TITLE INSURANCE r 1 n
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A TlCOR COMPANY
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to be the person S h S ' known to me
''------.w ose name are
to the within instrument -----subscribed
executed the same. and acknowledged that_ th~
WITNESS m h
Y .nd ,"d ome;,1 "~
Scagliot .
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NO TM<Y PUBLiC - C/\L:tcORNIA
SM:TA eLl,oJ\, COUNTY
My CO;;!:;]. cxp:rC3 NDV 23, 1980
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CITY 0 F G I L ROY
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88 r!S: 389
DEVELOPMENT COST SCHEDULE
Date
3
12/13/79
No.
Initialed
RUF
Location of property
S.E. Corner of Wren & Ronan Avenues
AP #790-16-3 of ~
Assessor1s Parcel #
Name of App1 icant Antonio J. Gonzales & Esther F.
Address 470 Ronan Ave., Gilroy
Type of Development Proposed
Modified duplex moved on to lot
Area 0.2832
Frontage
Acre
Ronan
Wren
12" W
2r S
Storm Drain
IIB"
$624/Ac.
161.36
70.71
on vlren & Ronan
- new sewer 1 i ne
232.07
- Wren
COST SCHEDULE
J. Front Foot Water Cha rges
8" chg. 212.07 LF @ 6.44 IF.F. $ 1,494.53
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2. Front Foot Sewer Charges
8" chg. 70.71 LF @ 5.09 IF. F. $ 359.91
3. Front Foot Storm Charges
LF @ IF. F. $ N/A
4. Front Foot Street Improvements
SF @ IS. F. $ ~A
5. Front Foot Curb & Gu tter Charges
LF @ I $ N/A
6. Area Water Charge
0.2832 Acres @ $1006 /Ac. S 284.89
7. An'd Offsite \torr'j r1rdinclfJc Fees
F
88 P~';: 390
0.2832
^c res '~
624
/^cre ::;
~
176.72
8. Offsite Sanitary Sewer Fees
o
$550
/ Single Fami Iy :::
$
550.00
9.
Recreation Fees
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Pvg (30) (70.71 (.80)= 1697.04
Pvg (18) (161.36) (.80)=2323.58
C&G- A.56) ( -4.56) (232.07)-=1058.23 ~
S /W'" (1 . 07) 4 . 5) (232. 07) '" 111 7 . 4 1
& Inspection
Waived
10.
Engineering Plan Check
4% x 6195.49
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$
247.80
11. [later rleter Charge
rJeter (l
;;
$ w/bui Iding permit
12. Electroliers
232.07
LF @ 2.20
:::
$
510.55
13. Fi re Hydrants
212.07 LF @ I. 14 :: ~ 310 97
14. Construction Hater
(.15) (232.07) / L F + 5 . 65 lAc re :: 34.81 + 5.65 (.2832) $ 36.41
34.81 + 1.60 +
15. Street Trees
3
@ 50
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$
150.00
16.
17.
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$
$
Total -
4121.78
STIPULATIONS 1. Fire hydrants to be installed per Fire Chief/Director of Public
Works. (One Fire Hydrant on NE corner of Wren & Ronan).
2. Electro1 ier per Director of Pub1 ic Works @ NE corner of Wren
and Ronan.
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