Construct Land Development Improvements - Burge, Peter and Leona
NO FEE per GC Sec. 6103
CITY OF GILROY
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7390 Rosanna Street, P. o.
Gilroy. California
95020
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SMH':'. CLARA 0CWNIY
AGREEf1fNT BY OtlNER OR HIS SUCCESSORS IN INTEREST jp~,~~~;.F~"~6b~~~~
COtJSTRUCT LAND DEVELOPt1DIT H1PROVEr'1HITS #81-23 ........1 J:.. .....
. G 492 ;).~GE 82
Project Identification: Assessor's Parcel#810-28-oo8
This is an aqreement between the CITY OF GILROY, hereinafter
referre~. to as ItCity", anti Peter and Leona Burge
hereinafter referred to as """"~~r".
HUEREAS. Ol'Jner des1res to subdivide or develop the property
d~scribed in Exhibit ^ and wishes to defer construction of penmanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOtI, TIIEREFORE. IT IS AGREED:
1. AGREEtlENT BPlnl"lG on SUCCESSORS HI INTEREST
This agreement, toqether with the attached st1pulations, is an
instrument affect1nq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he binding uQOn ond inure to the benefit of the
successors in interest of ~mer. Upon the sale Or division of the
property descrired in Exhibit A. the te~s of this agreement $hall
apply separately to each parcel and the owner of each parcp.1 shall
succeed to the obli9at10ns 1 111>0 sed on O\'m~r by this agreement.
11. STREET Arm ORAWAGE WPROVEt1ENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because: These improvements are i n-
appropriate at this time.
The fees deferred will be paid at the rate in effect at the
time of development.
B. Owner agrees to construct the following improvements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth In this agreement:
G 492 r),~G~
83
Improvements requfred by the City Department of PublIc Horks as
generally described bolow. {Cross out improvements that .:1re not
requ ired. )
I. '~r~ BRS gwtter
2. S i se\:a II<s
3. Driveways
~. 'treat 9rasIR~. base JRd p~viAg
5. Storm drainage facilitIes
6. Erosion control plantlnos and facilities
7. ileUrgllarli
8. Underground conduit with wiring and pull boxes
9. 8arrie3ses aA~ ether im~revemeAts'Aeeded fer traffls safety
10. Street trees and other improvements between the curh and
property line.
I I . h ree t t i 9Ai
12. ReleeatlaA af eMistlA~ feAses. si~Ri JAd wtiliti8i
13. Payment of a pro rata share of the costs as determined hy the
Department of Public \/orks of a storm dralnaqe or street Improvement.:;'
which has been. or is to be. provided hy Owner and others where such
facility benefits the property described in Exhibit A
,~. iA~iAeeriA~ JAS IAs~eGtlgA aRd pl~R ~he~k f.e,
Ii SaRit~r'l u"'age fidlltle.
1'.. '/.lter i~,'it9f;q
C. When the City Director of Public Wocks 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 adooted 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. Allor any portion of said Im-
provements 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 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.
I II. PERFORMAtlCE OF THE HORK
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 submit said Improvement plans and
specifications for aoproval 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 aqrees to commence and complete the work within the time
specified in the notice given by the Director of Public "orks 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 the costs from Owner. Permission to enter onto the
-2-
property of Owner Is granted to City or Its contractor as may be necessary to
construct such Improvements.
IV. JOINT COOPERATIVE PLAN
G 492 !'!GE 84
Owner agrees to cooperate upon notice by City with oth~r ~rcperty cwners,
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 feaslbl~ to secure the Installation and construction
of the Improvements.
V. REVIEW OF REQUIREMENTS
If Owner dlsaqrees 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 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 aqency for review,
if required, and to maintain said improvements and facilities in a manner which
will preclude any hazard to life or health or damaoe to adjoining property.
\III. BONDS
Prior to approval of improvement plans hy 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.
I X. INDEMN ITV
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 "Includlng death" to persons or damage to property
suffered through any act or onlsslon, lncludlnq passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
-3-
G 492 \'~GE 85
contractors, or anyone dlrectlY,or Indlr~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 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 WHEREOF, City has executed this agreement as of
December 7, 1981
ATTEST:
CITY OF GILROY
APPROVED AS TO FORM
"
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' City 1 erk
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Owner has executed this agreement as of
November
19. 1981
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/s/ LEONA BURGE
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/s7 PETER BURGE
(Thi8 document to be acknOtJledged with 8ignature8 a8 they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 19th day of November In the year one thousand
nl ne hundred and eighty-one , before me, SUSANNE E.
STEINMETZ, a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared Leona and Peter Burqe
known to me to be the persons described In and that they
executed the within Instrument on their behalf therein named, and acknow-
ledged to me that they executed the same.
tN WITN!SS WHEREOF I have hereunto set my hand and affixed the official
s..eal o'f the Ch,yof Gilroy In the County of Santa Clara the day and year In
lIdii.~ cert Iftcate~ ft rst above wri tten.
" "c;> ,ft'. ,f,; _~ 'ol-~<,...
ornla
Sec. 40814.
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G492')~G: 86
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EXHIBIT'IN'
Peter and Leona Burge
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CITY OF GILROY
DEVELOPMENT COST SCHEDULE
G 492 f)~GE. 87
No.
81-23
Date 10-8-:81
.
Initialed S. D-L.
Location of Pro~erty
+
600 Feet - South West of Mesa Road on the North Side of Dawn Way
Assessor's Parcel I
#810-28-008
Name of Applicant
Peter and Leona Burge
1351 Redwood Lane, Gilroy, Ca.
Address
Type of Development Proposed Parcel Split
1.208 Acres
Storm Drain Area F
Area
Street Frontage
None Appropriate
Engineering Hap Checks
01-100-1100-6004-11
$
86.00
Subdivisions $
+$
(n)
(n)
Parcel S pH ts $ 80.00
+$ 3.00
n- number of lots
n= 2 lots
Engineering Plan Check and Inspection 01-100-1100-6004-12
$
-0-
5% of the Cost of Public Improvements
5% x $
Miscellaneous Engineering Service
01-100-1100-6004-13
$ 112.00
4
hours x ( 28.00
)
Public Works Microfilming
01-100-1100-6004-14
$
5.00
$5.00 per sheet (maps and plans)
x 1 sheet
"
l; lire Hydrant Location Fee
01-100-1100-6002-01
$
-0-
t
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$
for the first 5 hydrants
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+$
for each additional hydrant
Area Water Charge
03-300-1300-7203-00
$
Deferred
Acres @$
/acre
Acres @$
/acre
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Devel~pnent Cost,Schedule
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Electrolier
Conduit
LF @ $
LF @ $
/LF"$ .
/LF=$
Fire Hydr'a'nt
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Wood Pole Mounted Electrolier
LF @ $
, /LF
Public Works Cash Bonds and Deposits
Other
Other
.
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01-100-1100-6004-20 $
08-800-1100-6004-02 $
TOTAL
G4S2f',I.GE 89
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N.A.
$
$
$ 203.00
.;,