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Construct Land Development Improvements - Cox, Jack and Marie; Lovelace, Richard and Starla NO FEE per GC Sec. 6103 ",. ,.~.> CITY OF GILROY fEB e \9S' 1/" o;)~.... 8 &N;:~ ::tJn;~r- ::0 )..':.. "X ;:;; ,"1' c. J;; C) .;;.~c_: ~-- --, _ '_.I AJ....:..t;.~..~ .!;; -;f ~;) M' ~ 0.: ~>~ '-l -ir- fA .:70 I'" ..., :::tt '=' "'-1 - g; .." t-J - ~c:~ ~ ~i j::~ ~ '" '"1;:0 ':\.) 0 -~ ;UCCESSORS IN INTEREST TO JPMENT IMPROVEMENTS No. 84-1 7351 Rosanna Street G~lroYt California 95020 AGREEMENT BY OWNER OR HI CONSTRUCT LAND DEV~ P;'oject Identification: Assessor's Parcel No. 841-15-050 I 294 :)~Gt 415 This is an agreement between the City of GilroYt hereinafter referred to as "City" t and JACK C. and MARIE I. COX, and RICHARD K. and STARLA J. LOVELACE hereinafter referred to as "Owner". WHEREASt Owner of the property described in Exhibit At wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOWt THEREFOREt IT IS AGREED: I. AGREEHENT BINDING ON SUCCESSORS IN INTEREST This agreementt together with the attached stipulationst is an instrument affecting the title or possession of the real property described in Exhibit A. All the termst convenants and eonditions herein imposed shall be binding upon ar.d inure to the benefit of the successors in interest of Owner. Upon the sale or division of the property described in Exhibit At the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed tc. the obligations imposed on Owner by this agreement. Ii. STREET AND DRAINAGE IMPROVEI1ENTS A. City and Owner agree that the im~rovements 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 adjac,~nt 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 City Department of Public Works as gene rally deecribed below. (Cross out improvements that are not required.) I . Sttr-b-lIttO- ~~ ee-r . 2. SJ:.de.wllHt-tJ. '3. Driveways. 4 . S~r-eet -g-r~41Tg-t- 4>tl&e- -frt'1-8 - - -v{ 'ft~ . 5. Storm drainage facilitiet 6. Erosion control plantings and facilities. 7 . ~~.:;o.~i.e..l~~ . 8. U~~t:.Q.U..'1.C.l_ ~o.ndl.lj, t.--Wi-t:.A-\o,l:!..r-i+l~ -I'Hl-d- -F~ LL-be*e-s 9. B-a-r-r-ieade-s--arrG- -ot:r.ei""' -{"f!tp-r-~~"'Iten t-o,re-e tleU- -LTJi.- -t"rcrff rc ""b"71-f l'! ty , 10. Street trees and other improvemente between the eurb and pcoperty line. 11 . &~r-eet -&~-8 . 1 2 . R-e-~a ~:bo-n-.Q ~ -e*.! -6 ~ i-fit...r... 4' ~ttee-6-; - & :J:.g-n.s- tt I'ld- ""tit of: Hi:-l-ett . 13. Payment of a pro rata share of the cos ts as determined by the Department of Public Works of a storm drainage or street improvements which has been. or is to he, provided by Owner and others Hhere such facility benefits the property described in Exhihit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 15. &mrl:~~ry--&~wlrge--f-ae:l:-H1:i:es-. 1 6 . Wirt'er- 1tys1:-em. -1- ,: I 294 ;)~.Gt 416 C. When the City Director of Public Works determines that the reasons f'.LC the deferment of the improvements as set forth in section 11 ,no longer eKistt 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 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 owner shall participate on a pro rata basis in the cost of the improvements to he installed. If owner is obligated to pay a pro rate share of a cost of a facility provided by otherst the notice shall include the amount to he 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 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 approval prior to commencement of the work described in the notic~ 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 agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the City at least 48 hours prior to start of work. In the event Owner fails to ccnstruct any improvements required under this agreementt 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 ownerst 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 districtt 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 lnaintenanc. wh:Lch are constructed and completed in ac and are installed within rights of way or 0: the City Council. Owner agrees to provide any necessary temporary drainage facilities, access roads 0,- other required improvements, to assume responsibility for the proper functioning thereoft to submit plans to the appropriate City agency for reviewt if requiredt and to mc;intain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. ~hose improvements specified in Section II dance with City standards and requirements sements dedicated and accepted by resolution VIr 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 311 persons furnishing labor and materials in the performanc,," (if tlH';W'JLk. VIII INSURANCE , Owner shall maintaint or shall require any contractor engaged to perform the work to maintaint at all times during the performance of the work called for hereint a separate policy of insurance in a form and amount acceptable to City. IX INDEMNITY The Owner shall assume the defense and indemnify and save harmless the CitYt its officerst agents and employeest from every expenset liability or payment by reason of injury "including death" to persons or damage to property suffered through any act or I 294 :).~G: 417 . omissiont including passive negligence or act of negligencet or botht of the Ownert his employees, agentst contractorst sub-contractorst or anyone directly or indirectly employed by either of themt or arising in any way from the work 'called for by this agreementt on any part of the premisest including those matters arising out of the deferment of permanent drainage facilities or the adequacYt safety, use or non-use of temporary drainage facilitiest 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 agentst servants or independent contractors who are directly responsible to the City. IN WITNESS ~lliREOFt City has executed this agreement as of February 6t 1984 ATTEST: CITY OF GILROY ~ ~~ ~, ~ CITY CLERK APPROVED AS TO FORM ~ fu {cU' ,('II" /~ CITY ATTORNEY I IN WITNESS WHEREOFt Owner has executed this agreement as of J- .:27- rI~, " ~-R/~~O y ~ J?dAe- // , f\ 0 ~ " \\ -c---..;::..\-~ ~~^ h ::i;-'-- / ~ \" J. Ccr C~../: (01 (jcL .,,1 rr...............~~'-~~./__ .....L _ _ ( miLA I ~, (Thi!'l ciorllmpnt to hp ",plenA'," ",r1fT",r1 ._,~ t-\-. I STATE OF CALIFORNIA COUNTY OF Santa Clara On this 27th day of January in the year Nineteen hundred eighty-four , before me Janice N. Veatch , a Notary Public, State of California, > .. d 11 d Jack C. Cox '\ duly commlsslOned an sworn, persona y appeare . ' 1 Richard K. Lovelace, Starla J. Lovelace, Marie T r.ox , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person ~ whose name s are subscribed to the within instrument, and acknowledged to me that t heL- executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the City of Mllpitas County of Santa Clara on the date set forth above in this certificate. This document is only a general form which may be proper tor use in simple transactions and in no way acts, or is intended to act, as a substitute for the advice on an attorney. The publisher does not make any warranty, either express or implied as to the legal valtdity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California 1-11-85 \ j My Cowdery's Form No_ 32-Acknowledgement to Notary Public-Individuals (c_c. sec_ 1189.) City Clerk, City of GilroYt State of California per Civil Code Sec. 1181; Government Code Sec. 40814 -3- I \ \\ \\ 17 L I 1 ~ I I I "- '" N ,It /\ EXHIBIT A COX and LOVELACE AGREEMENT I 294 r).~GE 418 " CITY OF GILROY I 294 ;)-~GE 419 DEVELOPMENT CUST SCIlEUULl~ . No. 84-1 Uil l e 1-11- 8 4 InitLaIed SD-L Location of Property South~ast corner of Engle Way and Luchessa Ave. Name of Applicant 841-15-050 JACK C. and MARIE I. COX and RICHARD K. and STARLA J. LOVELACE Assessor's Parcel U Address 1570 Gladding Ct. Milpitas, CA 95035 Type of Development Proposed Parcel Split Area 3.043 acres Storm Drain Area "D" Street Frontage n/a Engineering Map Check 01-10U-IIUO-60U4-11 $ 96.00 Subdivitjiolls $ +$ ([\ ) Parcel Splits $ 87.00 +$ 3.00 (n) noa number of lottl n = 3 lots Engineering Plan Check and Inspection U 1-llJU-l1 UU-6004-12 S n/a , S% of the Cost of Public Improvements S% " :, ~ Miscellaneous Engineering Se rvice UI-I00-II0U-6004-13 $ n/a hour!> x ( ) Public Works Microfilming 01-lUU-11UU-bOU4-14 $ 5.00 $5.00 per !>heet (maps and plans) x 1 sheet Fire Hydrallt Location Fee (J/-Ul)-j 'JU(J-8UUj-(HJ ~ n/a $ for the fir b t '> It Y d r.iIlt r; +$__ for each additional hydrallts Area Water Charge UJ-JU(J-IJUU-7l(J)-UU $ Deferred Acres @$___/acl'e Acres @$ / aCl'e Constructioll Water U j-l2u-l 'JUU-IiUU 1-UO $ Deferred U' @$ /1.H Ac reti (:J $__,_u_____/ acre -1- Wood role tlount~d E~~ctrol.1~r UI-IUU-11UU-bUU4-UU $ n/a LF @$ ILF Public Worlf-tl Catlh tiondtl and Ot:IHlbltti Uti-UUU-I1UU-bUU4-U2 $ 6.00 $ $ I", TUTAL $ 107.00 o t lu: r Otht:r NOTt:; All deterred fet:ij arc Pdyublc dl the latc 1n dtt:ct LiL llluc of payulcll~. -2-