Construct Land Development Improvements - Vaca, Joe and Rita
F
55 ~~':~ 622
6611573
I CITY OF GILROY
r 7390 Ros~nna Street,
\ Gilroy, California
C'l5020
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NO FEE. per GC Sec. 6103
p. n. r.ox of
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tl.GREEPPlT P,V mr!ER OR HIS SI.'CCr:SSORS n I"lTEREST TO
COflSTRUCT LMm O~\fElOpnE'lT H'PR()VE'~E~ITS
Project Id~r.tification:
AP~790~16~4
This is an aQr0emef"lt het\.'I~en t:.'" CITY OF GIlRny. hereirafter
r()fprre'":l, to tlS "r.i ty", (Inri
Joe and Rita Vaca,
jgO Ronan Ayenue. Gilroy, California ~5020
herei nafter r~ferred to as I! "'''~'''r'' .
!lHEREAS, Ovner desirp.s to ~ubdivide or develop the property
described in Exhi'jit /\ and wishes to defer construction of pemanent
improvements and Ci ty ar;recs to such deferment provi ded O"'m~r ai)rees
to construct improvements as herein prnvid~d.
no'!, T~ lEREFORE, IT I S l\G~~Er:f):
1. AGREEr1Ef'lT SI'lDP1G (n SUCCESSORS 1"J InTEREST
This d0reement, t00ether with th" attached stipulations, is an
instrument aff,,-!ctinl"J the title or' possession of the rr;al rronerty
describ~d in Exhi~it A. All the tp.rms, convenants anrl conditions
h~rein impos?d shall he binding upon and inure to the benefit of the
successors in interest of Ovmer. Upon the sale or division of the
property d~scrHed in Exhibit l\. the terns of this agre.emc;1t shall
armly separately to each parcel and the Ohrner of each parcel shall
succeed to the, ohli9ations imposed on 0".'nrr hy this aqre(3r~pnt.
11. STREET Arm DR/\HJl\GE HtPROVF.l1PlTS
.f1.. City and !'h1/nr>r i}qrce that the improvements set forth in
this section may be i.feferr~d hecaus~:
Complete improvements are not appropriate at this time.
F 55 r~~: 623
B. Owner agrees to constr'.lct t;1E" follo\^/ing imurovements on the
property described in Exhibit A as well as ;-equirci off ~ite imorovements
in the manner set forth in th!s aQreer1t';.lt.
Improvements requ i red by. the (; i ty Department of rub ~ i c \Jorks as
generally described below. (Cross out improvements that ~re not
required.)
1. Curb and ~utter
2. Sidewalks
3. Or i ve\fJays
4. Street gradino, base and paving
5. Storm drainage fac11ities
G. Erosion control plantinas and facIlities
7. Electroliers
8. Underground ccndu:t with wiring and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and ot~)~r improvements between the cur!) and
property 1 i ne.
11. Street signs
12. Relocation of existinq fences, si~ns a,d utilities
~; = = =1?:~0:t: ~'E =a ::j:rE:O=~t:<.t::s:n.~ zf=tfw ::!;l.;s:t;S: ~ ~~~~ =t+1 =P:re
0/1.J*i," ~t. .Q t ..P..&.&b.1. i.<;. J.LGl.s:.k&. .at -a. -S.to.~ ...d.~~ -G-!=- -s..~Fee-~ - ~~l'IeI1't-:;
W:~i-I:h. -has. ~r..Q.~ -~s.-tQ. -b.&.,. ~t:G"'"J.dGd.~ ~t:. ~ -G-~t:.s-~!=e--suc-ll-
'~c;. L.l Lt.y. ..bP....na..f. L.ts.. -tha. .{l.~t.'f ..d$s.c.o:.i..b.ed. -~ ..&.xh-t..b-i-1;. ..A-
t ~ _ _ ..Enq.i.nee.r..i.n.g. ..a...d. _i..nsoo.c.t.Lon. ..and. ~ 1.."1n- -4~ -f..eas.
b~;- - -5-arrt-tary-""S'"eW'a'tje" -fa't:-rrrt-t'e"s
1-&r -...wa.~r:- ~k~-
C. When the City Director of Public Votks determines that t~e reasons for
the oeferment of the improvements as set forth in 5€'ctlOn II no longer exist,
he shall notify Owner :ri It/riting to comrllence thl'dr installation and construction.
The notice shall he mi'li1cd to the current G.-'ner 0;' owners of the land as sho~'m
on the latest adooted county assessment roll. Ti',; notice shall describe the
work to be done by o\'Imers, the ti m? with i.... wh i d' the wort: shelll commence and the
time within which the work shall be completed. Allor any portion of said im-
provements m<'\y be reqL:ired at a specified tiNe. Each owner shall pai-ticipate on
a pro rata h~::;is in the co::;t of the imorovement3 to be installed. If fh,mer is
ohligated to oay a pro rata share of a cost of a facility provided by others, the
not i c:e sha il i nc.l ude the amount to be pa i d e:"ld the time \'>Jhen paymt;nt mus t he made.
ill. PFRFORMAfICE OF THE HORK
Owne r ag rees to pe rform the work Clf'-: make the payments requ i red by City as
set forth herein ot 2S rnodi'l'ied by the City Council. Owner shall c?use olAns
and spec i fi cat i onsfor the imflrovements to I)e prepared by comol;tent persons
legally qual ified to do the work and to :uh.ni t said imorovernent plans and
specifications for anproval prior to commencement of the work descdhed in the
notice and to pay city insrection fees. The work shali be done in accordance
with city stzndards in effect at t~e time improvpment plans are submitted for
approval. Ovner aql'e~s to COIT:menCe and c0f1101ete the work within the time
specified in the notice giv~n t:.y the Direct~r of Public Horks and to notify the
City at lea~t 118 hours prior to start of \rJOrk. In t"e event Owner fails to
construct any improvements required under this aqreem"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 55 p~~: 624
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 rrcperty cwners,
the City and other public aqencies 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 disa9rees 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 mPRO\lEMENTS
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 resolution of the City Council.
Owner agrees to orovide any necessary temporary draInage facIlities, ascess
road 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 dama~e to adjoininq prooerty.
\f II. BO~lDS
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 ~ labor and
materials bond in an amount and form acceptable to City to be rfleased "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. INDEMN ITY
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 onlssion, inC1Udinq passive negligence or ~ct of
negligence, or both, of the Owner, his employees, agents. contractors, sub-
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F 55 i'~~: 625
contractors, or anyone directly 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 maners arising out of the deferment of permanent
drainage facilities or the adequacy, safety, use or non-use of temporary drainage
faclllties, 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 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 HHEREOF, City has executed this agreement as of
December 17, 1979
ATTEST: CITY OF GilROY
APPROVED AS TO FORM
. /l
JZaLt Ilil)uL&
Chy Attorney /
IN WITNESS WHEREOF, Owner has executed this agreement as of December
~2uJ~ ~'-
~~Ierk =-=t:
18, 1979.
~~
/' JOE VACA _OUH
(This dooument to be aoknowZedged with signatures as they appear on deed of titZe)
STATE OF CALIFORNIA )
)S5.
County of Santa Clara )
On th I 5 18th day of December in the year one thousand
nine hundred and seventy-nine , before me, Kenneth E.
McDonald , a Notary Public, fJ.YtfI/",f/rJ<!, City of Gilroy, State of
Ca 1 i forn i a, duly sworn, perSOr'la lly appeared JOE VACA
known to me to be the person described In and that he
executed the within instrume~t on his behalf therein named, and acknow-
ledged to me that he 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 fil'st above written. ;'\
// /"'\ '1/ ' ~1[jR~~I(;iJ\,!l;!:l;~5"!,~;;,:~~iJ~~\,i~W;:~!HJ~~.;um~m;H~,;?:re~lI!!'tUl~31~Ut:j6~P.;P.:I
,/ i -;:1 ,If 5 K1Eh!~\lETH E. McDONALD ~
all !; /< /../ f'\ ,,. I ' ~ NOTARY PUBLIC .- CALIFORNIA 5
o tl / /;;::(,IJ~.lk~}' :5 PRINCIPAL OFFlCf.IN 5
{ff41/."/,~ ' /. ///1,- '-- ' 'l~ = SANTACLARACOUNTY ::
tIft ril/llJ Yl 1>//('/1/1)-(,>'" /$/t.~tf/ pf/'1;JI/i;pfrfija/, 5 My Commission Expires Sept 11,1983 i
per /CI. It t Y kJ:>/Jri /f!/eJ;/. /YlfiJ/t ~ /rJclvkf~rr/.f'/nA:./ '1c/C/e/ ";.if./ }J'/J~ yo/./inmmlmmlSrlunmmmllmnummnHmmii
Kenneth E. McDonald, Notary Public
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December 19, 1979
City of Gilroy
Department of Public Works
7377 Church Street
Gilroy, CA 95020
TO WHOM IT MAY CONCERN:
I hereby request to be able to pay my building permit and engineering
fees in the following manner:
Building Permit Fees -- Now (est. $150.00)
Engineering Fees -- ($2,324.68)
$500.00 ---- Now
$1,824.68 -- Prior to Occupancy
Furthermore, I agree to file before occupancy a parcel map for the
creation of the new residential lot.
Sincerelw
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XJoe Vaca
/~r
CITY 0 F G I L ROY
DEVELOPMENT COST SCHEDULE
No.
2
Date
12/17179
Initialed
Location of property
390 Ronan Avenue, Gilroy
Assessor's Parcel #
AP-790-16-4
Name of Applicant
Joe and Rita Vaca
Address
390 Ronan Ave., Gilroy, California 95020
Type of Development Proposed Parcel SplitlHouse moved onto property (future)
Parcel "AII - 6055.5 sq. fft. = 0.278 Ac.
Area Parcel "B" - 6056.3 sq. t. Storm Drain
Frontage
Parcel "A" = 80.74 Ft.
IIB" (cil 624/Ac.
Parcel IIBII = 80.751 E 161.49 ft.
(Ronan Ave.)
Existing house removed. Another house to be moved onto property.
COST SCHEDULE
1. Front Foot Water C ha rges
1211 Water 80.75 LF @ 6.44 IF.F. $ 520.03
Use 811
2. Front Foot Sewer Charges
80.75 LF @ 5.09 IF.F. $ 411.02
3. Front Foot Storm Charges
LF @ IF. F. $
4. Front Foot Street Improvements
SF @ IS.F. $
5. Front Foot Curb & Gu tter Charges
LF @ I $
6. Area Water Charge
0.139
Acres @ 1006 lAc. $ 139.83
7. Area Offsite Storm Draina~e Fees
624
/I\ere =
$
86.74
0.139
Ac res 0
8. Offsite Sanitary Sewer Fees
@
550
/ 5 ingle fami ly =
residence
$ 550.00
9. Recreation Fees
/
=
$ with/building permit
@
10. Engineering Plan Check & Inspection C&G= (161.49) (4.56)=736.39
s/w=(4.5) (161.49) (1.07)=777.57
4% x 3839.42 = Pvg=(161.49) (18) (0.80)=2325.45 $ 153.58
11. Uater rleter Charge
rleter (3 = $ wi th/bu i 1 ding permit
12. E1 ectro 1 i ers
161.49 LF @ 2.20 = $ 355.28
13. Fire Hydrants
80.75 LF @ 1. 34 = $ 108.20
14. Construction Hater
/LF +
, j Ac re =
$Using Metered Water
15. Street Trees
@
=
$with/building permit
=
$
$
$ 2,324.68
16.
17.
=
Total =
STIPULATIONS
1. Street trees
2. Electroliers & Fire Hydrants to be installed per
Director of Public Works/Fire Chief
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