Construct Land Development Improvements - Homestead Savings
NO FEE per GC Sec. 6103
84934~71
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
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AGREEMENT ~~ER OR RIS SUCCESSOR~ ININTERE~'~
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
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No. 85-55
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Project Identification: Assessor I s Parcel #s 835-01-013, 014, 027 & 028
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and HOMESTEAD SAVINGS , a Federal Savings' and
Loan Association
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hereinafter referred to as "Owner".
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WHEREAS, Owner of the property descrihed in Exhibit A, 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.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A.
All the terms, convenants and conditions herein imposed shall be binding upon
and inure to the benefit of the successors in interest of Owner. Upon the sale
or division of the property described in Exhibit A, 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 IMPROVE~mNTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
These improvements are inappropri?te at this time.
B. Owner agrees to construct the following improvements on or adjacent to
the property described on Exhibit A as well us required off site improvements
in the manner set forth in. this agreement:
Improvements required by the City Department of Public Works as generally
described below. (Cross out improvements that are not required.)
1. Curb and gutter.
2. Sidewalks.
3. Driveways.
4. Street grading, 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 fences, signs and utilities.
13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvements
which has been, 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.
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C. When the City Director of Public Works determines that the reasons
for the deferment of t;he improvements as set forth in section 11 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 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 be installed. If owner
is obligated to pay a pro rate share of a cost of a facility provided by others,
the notice shall include the amount to be paid and the time when payment I1n.1st be made.
III. PERFORMANCE OF THE WORK
Owner agrt:!es 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
r 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
notice 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 Direetor of Public Works and to notify the
City at least 48 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agreement, 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 owners. 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 district, 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 MAINT~NANCE OF IMPROVEMENTS
I City agrees to accept for maintenance those improvements specified in 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 ne~essary temporary drainage facilities. access roads
or other required improvements, to assume responsibility for the proper functioning
thereof. to submit plans to tIle appropriate City agency for review. if required. 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 plaps 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 f-ity to be released by 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 8hall maintain. or shall requiJ:'e 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 acceptable 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 persons or damage to prope rty suffered through any a,:t or
* This agreement is conditioned upon the sale of the property described ln
Exhib~t A to Woodside Land and Timber Corp.("Woodside"). Upon the closing
of sald sale, Owner shall have no rights or obligations hereunder and
any of its obligations as Owner shall be assumed by Woodside or its
successor in interest.
omission, including passive negligence or act of negligence, or both, of the Own~.r,. his
employeesi agents, contractors, sub-contractors, or anyone directly or indit~ctly
employed by either of them, or arising in any way from the work called for by this
agreement, on any part of the premises, including 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 provisiori 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 agents, servants Or independent contractors who are directly
responsible to the City.
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IN WITNESS WHEREOF, Cit~ has executed.this agreement as of J
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August 5, 1985
ATTEST:
CITY OF GILROY
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CITY ATTOR
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CITY kMINIST TOR PROTEMPORE
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IN WITNESS WHEREOF. Owner has executed th~s agr~ement as of
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STATE OF CALIFORNIA
COUN1YOF SAN MATEO
On JULY 25, 1985
before me, the undersigned, a Notary Public in and for said State,
personally appeared G. ERIC LONNQUIST
1
personally known to me or proved to me on the basis ot satisfactory
eVidence to be the person who executed the within instrument as
the Senior ViCePresident,
and
personally known to me or proved to me on the basis ot satisfactory
eVidence to be
Secretary at the Corporation that exec:J1ed the Within instrument and
acknowledged to me that such corporation executed the within instru-
ment purwant to its by-laws or a resolution ot Its board of directors
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i OfIFICIAL SEAL I
~ ~i'~ lEE APPLEMAN
? .-J"'.c~":""'~'~ NOTARY PUBLIC-CALII'ORNla t.
::; , ...f' ~ SAN Mil TEO COUNTY t:
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(ThiS area fur offiCial notarial seal)
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City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
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EXHIBIT A
HOMESTEAD SAVINGS
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CITY OF GILROY
No.
85-55
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DEVELOPMENT COST SCHEDULE
Date
7-25-85
Initialed SD-L
Location of Property
Northwest corner of Leavesley Road and Murray Aven.
Assessor's Parcel #
835-01-013, 014, 027 & 028
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Name of Applicant
HO~lliSTEAD SAVINGS
Address
1777 Murchison Drive, Burlinqame, CA 94010
Type of Development Proposed
Parcel Split
(Area
10.33 acres
Storm Drain
Area "c"
Street Frontage
Deferred
Special Public Works Services
01-100-1100-600400
$
83.50
Engineering Map Check
Subdivisions $190.00 + $3.00/1ot
$ 95.00/47.50
Parcel Splits $83.00 + $3.00/lot
4 number of lots
Miscellaneous Engineering Service
$
31.00
1 hours x $31.00/hr
Public Works Microfilming (Maps and Plans)
1 sheets x $5.00/sheet
$
5.00
Wood Pole Mounted Electrolier
$
n/a
FF @ $5.00/FF
Engineering Plan Check and Inspection
01-100-1100-600412
$ De ferred '
I 5% of the Cost of Public Improvements
5% x $'
Storm Development Fee
Area. "A"
$1,850.00/Acre
02-220-1300-720200 $
02-220-1300-720201 $
02-221-1300-720200 $
02-222-1300-720200 $
02-223-1300-120200 $
02-224-1300-720200 $
02-225-1300-120200 $
02-226-1300-720200 $
Area "A-l"
$3,680.00/Acre
...
Area "B"
$1,640.00/Acre
Area lie" $2,770.00/Acre
Area "D" $1, 110.00/Acre
Area "E" $1,350.00/Acre
Area "F" $2,400.00/Acre
Area "Q" $2,31O.00/Acre
Acres @$ /Acre
Deferred
Acres @$
/Acre
Front Foot Charges
Water
FF @$
IFF
Sewer
FF @$
IFF
Street Improvements
Pavement
SF'@ $
FF @ $10.87/FF K $
"
Curb & Gutter
02-230-1300-720400
$ Deferred
02-230-1300-720500 $ Deferred
02-230-1300-720600 $, Deferred
ISF .. $ Deferred
SF @ $ 3.11/SF .. $
"
;
Sidewalk
Gal. Pole
Electrolier
& Conduit
FF @ $ 5.00/FF .. $
Fire Hydrant
Resident
"
FF @ $ 2.54/FF .. $
"
Comm & Ind.
FF @ $ 2.85/FF .. $
02-230-1300-720700
Storm Drain
FF @$
IFF
Sewer Development Fee
Water Development Fee
Units @ $815.00/Unit
"
07-705-1300-720100
07-725-1300-720300
Gals. @ $850.81/1000 GPD peak
Construction Water
FF @ $0.50/FF +
Fire Hydrant Location Fee
$31.00 for the first 5 hydrants
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+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
(Mylar)
Other
07-720-1900-800100
Acres @ $20.00/Acre
07-720-1900-800300
08-800-1100-600400
TOTAL DUE CITY .
$ Deferred
$ Deferred
$ Deferred
$ Deferred
$ Deferred
$
9.00
$
$
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92.50
NOTE: (1) All deferred fees are payable at the rate in effect at time of payment.
Accepted by:
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Date:
-2-