Construct Land Development Improvements - Smolen, Joel R.
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. AT REQUEST OF ~
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JUN '4 4 ~3 PM tB2
OFFlOIAL RECORDS
'fO SAH1A Ol.AR^ COUNTY
Cf:'ORGE A. MAlHi
REGISTRAR RECORDER
NO FEE per GC Sec. 6103
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G841 PAGE 605
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CITY OF GILROY
7351 Rosanna Street, P. O. Box 66
Gilroy, CA 95020
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
projct Identification: APN *841-15-51
This is an agreement between the CITY OF GILROY,
hereinafter referred to as "City", and Joel R. Smolen and
Dennis McLaughlin, hereinafter referred to as "Owner".
WHEREAS, Owner of the property described in Exhibit A
wishes to defer construction of permanent improvements and
City agrees to such deferment provided Owner (or his
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, covenants 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 IMPROVEMENTS
A. City and Owner agree that the improvements set forth
in this section may be deferred because these improvements
and fees are inappropriate at this time.
B. Owner agrees to construct the following improvements
on 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 are generally described below.
1. Driveways.
2. Storm drainage facilities.
3. Erosion control plantings and facilities.
4. Street trees and other improvements between the curb
and property line.
5. 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 Ex h i bit A .
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 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 of commencement, which shall
be no sooner than 60 days after said notice is mailed, and
the construction time which shall be no less than 180
working days from date of commencement. Allor any portion
of said improvements may be required at a specified time.
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GB41 PhGE 60'6
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 rata share 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
required by the City Council as set forth herein. 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 notice and to pay city inspection fees. The work shall
be done in accordance with city standards in effect at the
time the, improvement plans are submitted for approval.
Owner agrees to commence and complete the work within 180
working days and to notify the City at least 48 hours prior
to the start of work. In the event Owner fails to construct
any improvements required under this agreement within the
specified time City may, at its option, do the work and
collect all the 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. 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 and are installed within rights of way or
easements dedicated and accepted by resolution of the City
Council.
Owner agrees to provide and 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.
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GB41 PAGE 607
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 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 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 as follows:
Workers' Compensation and Employer's Liability;
not less than one million dollars ($1,000,000).
Public Liability Insurance and property Damage
Insurance; One million dollars ($1,000,000) per
occurrence combined single limit coverage.
policy shall cover on an "occurrence" basis.
The City shall be an additional named insured.
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 property
suffered through any act or omission, including passive
negligence or act of negligence, or both, of the Owner, his
employees, agents, contractors, sub-contractors, or anyone
directly or indirectly employed by either of them, or
arising in any way from the work called for by this
agreement, or any part of the premises, including those
matters arising out of the deferment of permanent drainage
facilities or the adequacy, safety, use of or failure of
temporary drainage facilities, or the performance of or the
failure to perform the work.
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G841 PAGE 608
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EXHIBIT "A"
Joel Smolen and Dennis McLaughlin Agreement
RfiCORDER'S MeMO
FAll>4T WRfT/NG Oft
OR C;ARe TYI"!IIG
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G841 PACE 609
Thi~ p,rovision shall ~ot be deemed to require the Owner to Indemnify the City
a~ainst ~h~ liability for damage arising fro~ the ~ole negligence or willful misconduct
of the C1.ty or its agents, servants or inde,p~ndent contractors who are directly
responSi~le\ to the City. ,
IN tTrESS \lHEREOF, City has executed this a~reement as of
\ .<June' 7, 1982
I I
, ATT~i~ :'!
CITY OF GILROY
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/ CITY CLERK " " ',: " .
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IN WITNESS lffiEREOF, Owner has executed this a~reement as of
June 4, 1982
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(Thi~ document to be acknowled~ed with si~natures as they
ST~E OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this 4th day of June in the year one thousand nine
hundred and elgnty-two , Notary Public, City Clerk, City of Gilroy,
State of California, duly sworn, personally appeared Dennis McLaughlin
knownto:~" to be the person described in and that he
exeC~~~d\itff~t"i.~hin instrument on hi s behalf therein named, and
aC~~~~>71~dge.(i~;'Fi',nle. that . he executed the same.
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~;....::: IN ,{1t'a'N!tSSI\HHEREOF I have hereunto set my hand and affixed the official
. . sial of.f~~;: :c~..ty<~;pf Gilroy in the County of Santa Clara the day and year in
~pis cer'tifi,c,8lt::}first above written.
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~r~~q~~~~ Cilroy, State of lifornia
per Cf"Vli4'~od~"'Sec. 1181; Govern~ent Code Sec. 40814
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County of Santa Clara
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0841 PACt 610
STATE OF CALIFORNIA
On this', 74? day of ;:;- 411(.....> in the year one thousand nine
hundred and e'-gh""j _ ~k)i':j , before me, SUSANNE E. STEINMETZ
d NQtary Public, ~ty Clerk, City of Gilroy, State of California, duly sworn,
personally appeared Set.,,~,.~, ~11. H~ 1...4t.t,t,1:i-, , " . ,
known to me to be -th L-- . .~ r$.~ descr'ibed in and that
_ . r:i>hv. executed the within' instrument on Ju l"'\ behalf therein named,
anda.ckt;rowledged to me that '5 h tt.-/ executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
of the City of Gilroy in the County of Santa Clara the day and year in this
cate first above written.
b.
ity Clerk, City of Gilroy, 'State of
per Civil Code Sec. 1181; Government
STATE OF CALIFORNIA
On this
hundred and
a Notary Public, Ci
personally appeared
known to me to be
hi!-,.! executed the
dQd acknowledg.ed to me that
in the year one thousand nine
We> , before me, SUSANNE E. STEINMETZ
cit of Gilr~, St~e of California, duly sworn,
~-t!.. 1\, ':)~ole"
described in and that
on h;~ behalf therein named,
executed the same.
County of Santa Clara
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
certiL'cate first above writte .
~
c.ty Clerk, City of Gilroy~ State of C fornia
per Civil Code Sec. 1181; Government Code Sec. 40814.
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CITY OF GILROY
DEVELOPMENT COST SCHEDULE
G841 PAGE 611
Location of Property
No. 82- 1 9
Date 5-28-82
Initialed S. D . L.
SoJth west corner tif Luchessa Ave and Rossi Lane.
Assessor's Parcel #
Name of Applicant
Address
Type of Deve lopment ProposedP arc e 1 S P 1 i t
841-15-051
Joel Smolen and Dennis Mclaughlin
Area
10.660 acres
Storm Drain
II D II
Street Frontage N/A
+$
8 0 . 00 +$ 3. 0 0
01-100-1100-6004-11
(n)
(n)
$
89.00
Engineering Map Check
Subdivisions $
Parcel Splits $
n= number of lots n= 3 lots
Engineering Plan Check and Inspection 01-100-1100-6004-12
5% of the Cost of Public Improvements
5% x $
$
N/A
Miscellaneous Engineering Service
hours x ( )
Public Works Microfilming
$5.00 per sheet (maps and plans)
Fire Hydrant Location Fee
01-100-1100-6004-12
$
N/A
01-100-1100-6004-13
1 sheet
01-100-1100-6002-01
$
5.00
$
N/A
$
+$
for the first 5 hydrants
for each additional hydrants
Area Water Charge
Acres @$
Acres @$
Construction Water
03-300-1300-7203-00
$
Deferred
/acre
/acre
LF @$
/LF+
07-720-1900-8001-00
Acres @ $
$
N/A
/acre
-1-
* A.D. = Assessment District
-2-
TOTAL
$ 94.00