Construct Land Development Improvements - Mattos, Edward and Mary Ann
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7831265
NO FEE per GC Sec. 6103
CITY OF GILROY
7351 Rosanna Street
Gilroy. California 95020
\~~ " . ' .:
AGREEMENT BY OWNER OR HIS SUCCESSOR:S"lN .rMTt:R"ES;I: TO
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CONSTRUCT LAND DEVELOPHENT IMPij.,<lVEMf:rnS No. 83- 31
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Project Identification: Assessor's Parcel #s 799-11-019 and 027
Thi8 is an agreement between the City of Gilroy. hereinafter
referred to as "City". and EDWARD W. and MARY ANN MATTOS
hereinafter referred to as "Owner".
WHFRI:AS, (}..rner of the property described in Exhibit A, wishes to defer
construction of permanent improvements and City agrees to tiuch deferment
plovided 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 Exhibi t 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 !'",hibi t A, the terms of this agreement
shall apply separately to each parcel and Lhe owner or each parcel shall succeed
tn the obligat ions imposed on Owner by th 1 ,0 agreement.
I':. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
ID6Y be deferred because:
These improvements and fees are inappropriate at this time. All
the improvements will be required at the time of development of
anyone of the lots.
B. Owner agrees to construct the following improvements Oil or adjacent to
the property described on Exhibit A as well as required off site improvements
in the manner 8et 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. Dri veways.
4. Street grading, base and paving.
5. Storm drainage facilities.
6. Erosion control plantings and facilities.
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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, si~~s 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 impruvements
which ,has been, or is to he, provided by Owner anci others where such
facility benefits the property descrit>ed in Exhihit A.
NOTE: Fees are payable at till' rate In effect at time of payment.
14. Engineering and inspection and plan check fees.
15. Sanitary sewale facilities.
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C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in section II.no longer
exist. he shall notify Owner in writing to commence their inHtallation and
construction. The notice shall be mailed to the current owuer 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
improvement8 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 oust be made.
III. PERFO~1ANCE 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 6ubm1t 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 6hall be done in accordance
with city standards in effect at the time improvement plans are submitted for
approval. Owner agrt!es to commence and complete the work within the time
specified in the notice given by the Director of Public WOl-ks and to notify the
City at least 48 hours prior to start of 'Nork. In the event Owner fails to
construct any improvements required under (his 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 it!; contractor as may be necessary
to construct such improvement!;.
IV JOINT COOPEKATIVE 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 cooperat i ve plan including the format ion of a local improvement dis t rict, if this
method is feal:lible 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 maintenance those improvements specified in Section II
which are constructed and completed in accordance with City standards and requirement!;
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 improvements, to assume responsibility 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
life or health or damage to adjoining property.
VII 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 acceptahle to City 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 shall 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 acceptable to City.
IX INDEMNITY
The Owner shall assume the defense and indemni fy and save harmless the Ci ty, its
officers. agents and employees, from every expense. liability or payment by reason of
injury "including death" to persons or dallhhe to property suffered through any act or
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H 931 ",\G: 6~8
omission. including passive negligence or act of negli~ence. or both. of the Owner, his
employees, agents, contractors. sub-contractors, or any one dire~tly or indirectly
employed by eit~.er of them, or arising in any way from the work called for by this
agreement, on any part of the premioes, 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 provision shall not be deemed to require the Owner to lnc\emnify 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.
IN WITNESS WHEREOF. City has executed this agreement as of '
September 6, 1983
ATTEST:
CITY Of GILROY
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MAYOR PRO
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APPROVEP AS TO FORM
CITY ATTORNEY
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Owner has executed this agreement as of
August 30, 1983
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this :lOth day of August 108:; i th e ",t19 ~ i e
hundred and eighty-three ,Notary Public, ,*l*~*Hf~*~~*xx~*X*~ ~ n
State of California, duly sworn, personally appeared
known to me to be described in and that
executed the within instrument on behalf therein named. and
acknowledged to me that executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and ltffixedt:he -eff't-c'tal
~f the r.ity ~f f'.flr(Z!j in the County of Santa Clara the day and year in
this certificate first above written,
.
City Clerk. City of Gilroy. State of California
per Civil Code Sec. 1 un i Government Code Sec. 40814
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TO 1944 CA (8-74)
~Tn1eIN5URANce
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(Individual)
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A neOR COMMHY
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STATE OF CALIFORNIA
COUNTY OF Santa Cl~
On_ ~u~u_st_ 30, 1983
St~.~rsonaJly 2~~red EDWARD W. MAffffsneA~bUll-.t4~ed.AJ-1Not~O:Af...w!i.c in and for said
\JrOVecl UJ me on 'the b . f .-- N Mf rl'US
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to be the person_ .. .whose name .
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to the within instrument and acknowledged tha; 't h
executed the same, n
WITNESS my hand and official seal.
Signature
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TONI H. ROVELLA
(This area for official notarial seal)
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EDWARD W. EXHIBIT A
and MARY
ANN MATTOS
AGREEMENT
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No. 83-31
Date 8-12-83
In it ialed SD- L
Location of Property South side of W. Ninth Street between Church Street
and Eigleberry Street.
Assessor's Parcel lis 779-11-019, 027
Na~e of Applicant EDWARD W. and MARY ANN MATTOS
Address 8300 Rancho Real, Gilroy, CA 95020
Type of Development Proposed Parcel Split
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
11 S31 ')~GE 641
Ared 57,000 Sq. Ft. 1.309 acres
Street Frontage n/a
Storm Drain
Area "0"
Engineering Map Check
Subdivisions $
+$
01-100-1100-6004-11
(n)
3.00 (n)
$
108.00
Parcel Splits $ 87.00 +$
na number of lots 7 lots
Engineering Plan Check and Inspection
01-100-1100-6004-12
$ Deferred
5% of the Cost of Public Improvements
5% x $
Miscellaneous Engineering Service
01-100-1100-6004-13
$
n/a
hours x (
)
Public Works Microfilming 01-100-1100-6004-14
$5.00 per sheet (maps and plans) x 1 sheet
Fir~ Hydrant Location Fee 07-720-1900-8001-00
$ for the first 5 hydrants
$
5.00
$
n/a
+$
for each additional hydrants
Area Water Charge
Acres @$
Acres @$
03-300-1300-7203-00
$
n/a
/acre
/acre
LF @$
/LF+
07-720-1900-8001-00
Acres @ $
$ Deferred
/acre
Construction Water
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. Off-Site Storm Drain Fee H 931 ;l,~~: 642
Area "A" $ /Acre 02-220-1300-7202-00 $
Area "A-l"S /Acre 02-220-1300-7202-01 $
Area "BOO $ /Acre 02-221-1300-7202-00 $
Area ..C.. $ /Acre 02-222-1300-7202-00 $
Area "D" $ /Acre 02-223-1300-7202-00 . $
Area ..E" $ /Acre ~2-224-1300-7202-00 $
Area "F .. $ /Acre 02-225-)300-7202-00 $
Area "Q.. $ /Acre 02-226-1300-7202-00 $ Deferred
Acres @$ /Acre
Acres @$ /Acre
Frcnt Foot Charges
Water 02-230-1300-7204-00 $ n/a
LF @$ /LF
\
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Sewer 02-230-1300-7205-00 $ By Developer
LF @$ /LF
, !
Storm Drain 02-230-1300-7207-00 $ n/a
LF @$ /LF
Street Improvements 02-230-1300-7207-00 $ By Developer
Pavement SF @$ /SF-$ By Developer
Curb & Gutter LF @$ /LF-$ II
Sidewalk SF @$ /SFa.$ II
Gal. Pole
Electrolier LF @$ /LF-$ n/a
Elect rolier
Conduit LF @$ /LF-$ n/a
Fire Hydrant LF @$ /LF-$ n/a
Wood Pole Uounted Electrolier 01-100-1100-6004-00 $ Deferred
LF @$ /LF
Public WorKs Cash Bonds and Deposits 08-800-1100-6004-02 $ -0-
Other $
Other . $
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TOTAL $ 113.00
NorE: All deferred fees are payable at the rate in effect at time of payment.
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