Construct Land Development Improvements - Nielsen, Melvin and Sally
NO FEE per GC Sec. 6103
1'884480
crTY OF GILROY
I 065~)~t;::67B
7351 Rosanna Street
Gilroy, California 95020
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS NO.--.!U....-4L.
Project Identification: Assessor's Parcel #s 841-10-0191 0221 024 & 040
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and MELVIN and SALLY NIELSeN
ht:.ceinafter referred to as "Owner".
WHEREAS, Owner of the property described in Exhibit A, wishes to defer
construction of permanent improvel~nts 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 AGREEHENT BINDING ON SUCCESSORS IN :TEREST
This agreement, together with the ached stipulations, is an instrument
a':fecting the title or possession of the real property described in Exhibit A.
A..l 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
t to the obligations imposed on Owner by this agreement.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements 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 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 Ci ty Department of Public Works as generally
described below. (Cross out improvel~nts that are not required.)
,
1. Curb and gutter.
2, - -~i~wa.J..k.&.
3. Dri veways.
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 tlme of payment.
14. Engineering and inspection and plan check feed.
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 the 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 ownec or owners of the
land as shown on the latest adopted county assessment coIl. 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 ownec shall participate
on a pro rata basis in the cost of the improvements to be installed. If owner
ib obligated to pay a pro rate shace of a cost of a facility provided by others,
the notice shall include the amount to be paid and the time when payment must be made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make the payments cequired by City
as set forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements tf be prepared by competent persons
legally qualified to do the work and to s lit said improvement plans and
specifications for approval prior to comm ,ement of the work described in the
nf)':ic~ and to pay city inspection fees. . ';l' work shall be done in accocdance
w:_':h city standards in effect at the time Iprovement plans ace submitted for
a;)proval. Owner agrees to commence and complete the wock within the time
specified in the notice given by the Directoc of Public Works and to notify the
C} ty at least 48 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agceement, 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 format ion 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 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 requirements
ar.d are installed within rights of way or easements dedicated and accepted by resolution
ot the City Council.
Owner agrees to provide any necessary temporary drainage facilities, access roads
or other required improvements, to assume responsibi lity 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.
VI I 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 focm acceptable 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 requir'" any contractor engaged to perform the work
t(, maintain, at all times during the perf( ,uance of the work called for herein, a
separate policy of insurance in a form an, mount acceptable to City.
l~~,' 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 property suffered through any act or
"
I OGS~~n 681
o~is8ion, including passive negligence or act of negligence, or both, of the Owner, his
employees, agents, contractors, sub-contractors, or any one dire~tly or indirectly
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
t~mporary 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 liability for damage arising -"rom the sole negligence or willful misconduct
of the City or its agents, servants or iT 'pendent contractors who are directly
responsible to the City.
IN WITNESS WHEREOF, City has executE this agreement as of '
November 7, 1983
ATTEST:
CITY OF GILROY
'~--'Y U<J {VVrw-J ~
CITY CLERK
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AS TO FORM
IN WITNESS WHEREOF, Owner has executed this agreement as of
7th
__?ay of November, 1983
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)8S.
COUNTY OF SANTA CLARA )
On this 7th day of November in the year one thousand nine
hundred and eighty-three ,Notary Public, City Clerk, City of Gilroy,
State of California, duly sworn, per!0nally appeared Melvin E. and Sally L.
known to me to be Nielson I described in and that they
executed the within instrument on their behalf therein named, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
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Gilroy J State of
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I06Si'!GEG82
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No. 83-40
Da tel 0 - 2 8 - 8 3
Initialed
SD-L
Location of Property
East side of Renz Lane approximately 1200 feet
north of Pacheco Pass Hiqhway
Assessor's Parcel U
841-10-019, 022, 024 and 040
Name of Applicant
}lliLVIN and SALLY NIELSON
Address
Type of Development Proposed
Parcel Merqe
Area
2.892 acres
Storm Drain Area "D"
Street Frontage
370 feet
9(,;,
fJ=f.00
Eng~neering Map Check
o
00-1100-6004-11
$
Subdivisions $
+$
(n)
Parcel Splits $ 87.00 +$ 3.00 (n)
n== number of lots 3 lots
Engineering Plan Check and Inspection
01-100-1100-6004-12
$ Deferred
5% of the Cost of Public Improvements
5% x $
n/a
Miscellaneous Engineering Service
01-100-1100-6004-13
$
hours x (
)
Public Works Microfilming
01-100-1100-6004-14
$
5.00
$5.00 per sheet (maps and plans)
x 1 sheet
Fire Hydrant Location Fee
07-720-1900-8001-00
$
n/a
$
for the first 5 hydrants
+$
for each additional hydrants
Are~ Water Charge
03-300-1300-7203-00
$ Deferred
Acres @$
/acre
Acres @$
/acre
Construction Water
07-720-1900-8001-00
$ Deferred
LF @$
/LF+
Acres @ $
/acre
-1-
I 06St~t.tG83
fAcre 02-220-1300-7202-00 $
/Acre 02-220-1300-7202-01 $
/Acre 02-221-1300-7202-00 $
/Acre 02-222-1300-7202-00 $
/Acre 02-223-1300-7202-00 . $ Deferred
/Acre 02-224-1300-7202-00 $
/Acre 02-225-)300-7202-00 $
/Acre 02-226-1300-7202-00 $
/Acre
/Acre
. OU--Site Storm Drain Fee
Area "Au $
Area "A-I"S
Area "B" $
Area flC" $
Area "D" S
Area "E" S
Area "Fit $
Area ttQ" $
Acres @$
Acres @$
Front Foot Charges
Water
LF @$
Sewer
LF @$
Storm Drain
02-230-1300-7204-00 $ Deferred
/LF
,
,
02-230-1300-7205-00 $ Deferred
/LF
02-230-1300-7207-00 $ Deferred
LF @$
/LF
Curb & Gutter LF @$
Sidewalk SF @$
Gal. Pole
Electrolier LF @$
Electrolier
Conduit LF @$
Fire Hydrant LF @$
02-230-1300-7207-00 $ Deferred
/SF=$
/LF=$
/SF=$
/LF-$
/LF-$
/LF-$
01-100-1100-6004-00 $ Deferred
/LF
08-800-1100-6004-02 $
S
$
(",.
Street Improvements
Pavement
SF @$
Wood Pole Uounted Electrolier
LF @$
Public Works Cash Bonds and Deposits
Other
Ot ler
TOTAL
$
101.00
NOTE: All deferred fees are payable at the rate in effect at time of payment.
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285/45
EXHIBIT A
MELVIN and SALLY NIELSON AGREEMENT