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Construct Land Development Improvements - Gilroy Foods, Inc. Susanne E. Steinmetz,City ::;ity of Gilroy 7351 Ro'sanna 'St. ;ilroy, CA 95020 Clerk NO FEE per GC Sec. 6103 ;;iU~ F{)R nSCOiW M;QUildF j;~ 954 ilM 'B5 .";:J """.....1 ,\, \)\(i 7351 Rosanna Street t~ Gilroy, California 95020 \ c: ,_ ECORDS SJdfi{. t'::LA:l'l. COUNTY; LJ, U F\l r;: l(AN E: ' RECORDER AGREEMENT BY OWNER OR HIS SLJCCESSORS IN INTEREST CONSTRUCT LAND DEVELOPttENT IMPROVEMENTS ~ CITY OF GILROY TO No. 85-64 . Project Identification: Assessor's Parcel No. 841-17-054 This is an agreement between the Ci ty of Gilroy, hereinaf ter J,5 4 6 PAh 950 referred to as "City", and GILROY FOODS, INC. hereinafter referred to as "Owner". WHEREAS, Owner of the property descrihed in Exhibit A, wishes to defer construction of permanent improvements and City agrees to sllch deferment provided Owner (or 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, 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 to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEHENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These 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 City Department of Public Works as generally described below. (Cross out improvements that are not required.) 1. Curb and gutter. -~--~"W(ltlQj. 3. Driveways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion control planti~gs 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 Exhihit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 1:-5-. - - &<1Tr".H. n ry- o'"'ewrrge- -fa. c i:' H-t-i c s-. Hr. - - W<rt-eT- s-yst-em. J546~. 951 . . C. When the City Director of Public Works determines that the regsons 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 ITIrJ.iled to the current owner or owners of the land as shown on the latest adopted cOllnty 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 be installed. If owner is obligated to pay a pro rate chare 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. Ill. PERFORHANCE 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 tJ be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to COm\1ll~I1Cement. 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 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 construct any improvements required under this agreement, City l~y, 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 fornllition 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 any ne~essary 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 ....,ill preclude any hazard to life or health or damage to adjoining property. 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 w~rk required and payment of all persons furnishing labor and materials in the performance of the work. VIII INSUfco,NCE 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 INDE~1.NITY 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 Buffered through any act or . J 5 4 6 PA48e 952 N ,., @ 'f)"" ~yl /",- " ~ I~ ~ ::. I ~ ~ ~'~ r. VJ f..!~ <" +,,;, 00 ~ ~ J: ~ 1> .1 t: ..,..... , Un " dL:j '?I"''--'.',~~''''::I ~, ' _ L- ,.. -=---=--; /o'. -I ..., I --; 0' ! t- .- -=------( i09~ 17 ) t' _ /;;- .' n;",., il ~~. I"," 1 '~".' &::;, ITc. II .\, :: ~ ;i i; g; \ 1 q:l,1 >- I n~. :q~,,- ~. \ :\ - -- ___(2-;~ --z~)~ .'\ I "'c.-... '--':,. , l;"I~ \, I~ . \ i I c, I I" I ~!:.:: !~ ~:: ;: 10 ! I I , I \ :\~ ~\ \ ,~ o .... '" ... .... ~ ... '" I ....'1... .... .... .. .. .. j\cl ,,'" ...1... .. ... '" .~ ~ .l>. n /0,. S69 ()J ()J o ::l:l ? !" . ;;: . N 00 ... i I I ~ f'...- U1 '" ....... '" oj t "? Ul > z ?-< ~ '" " - n ~ -16; ,;;; :.It EXHIBIT A GILROY FOODS, INC. J 5 4 6 ?A6E 953 Location of Property No. .' 85- 64 Date 11-19-85 Ini t ialed SD-L South side of Pacheco Pass on the west side of the CITY OF GILROY DEVELOPMENT COST SCHEDULE Water District's right-of-way. Assessor's Parcel if A portion of 841-17-054 Name of Applicant GILROY FOODS, INC. Address P.O. Box 1088, Gilroy, CA 95021 Type of Development Proposed Industri 21 Area Street Frontage 5.671 acres n/a Storm Drain Area liD" Special Public Works Services Engineering Map Check Subdivisions $190.00 + $3.00/10t Parcel Splits $83.00 + $3.00/Ict number of lots 01-100-1100-600400 $ 62.00 $ n/a Miscellaneous Engineering Service $ 62.00 2 hours x $31.00/hr Public Works Microfilming (Maps and Plans) sheets x $5.00/sheet Wood Pole Mounted Electrolier $ n/a $ n/a FF @ $5.00IFF Engineering Plan Check and Inspection 5% of the Cost of Public Improvements- 5% x $ 01-100-1100-600412 $ 50.00 (min.) Storm Development Fee Area "A" $1,850.00/Acre Area "A-I" $3,680.00/Acre -------Area "B" $1,640.00/Acre Area "c" $2,770.001 Acre Area "D" $1,770.00/ Acre Area "E" $1,350.00/Acre Area "F" $2,400.00/Acre Area "Q" $2,310.00/Acre 5.671 Acres @$ 1 ,770. OO/Acre 02-220-1300-720200 $ 02-220-1300-720201 $ 02-221-1300-720200 $ 02-222-1300-720200 $ 02-223-1300-720200 $ 10,038.00 02-224-1300-720200 $ 02-225-1300-720200 $ 02-226-1300-720200 $ Acres @$ 1 Acre J 546PAte 954 Front Foot Charges \o,'ater 02-~30-1300-720400 $ Paid FF @$ IFF Sewer 02-230-1300-720500 $ Paid FF @$ IFF Street Improvements 02-230-1300-720600 $ Deferred Pavement SF @ $ ISF $ Curb & Gutter FF @ $10.87/FF S Sidewalk SF @ $ 3.11/SF = $ Gal. Pole Electrolier & Conduit FF @ $ 5.00/FF $ fire Hydrant Resident FF @ $ 2.54/FF $ Comm & Ind. FF @ $ 2.85/FF $ Storm Drain 02-230-1300-720700 5 n/a FF @$ IFF Sewer Development Fee 07-705-1300-720100 S 6,080.00 1600 SPD @ $380/100 GPD ~'\'ater Development Fee 07-725-:300-720300 $ n/a Units @ SE15.00/Unit Gals. @ 5850.81/ 1000 GPD peak Construction ~ater 07-720-1900-800100 S 113.00 Deferred FF @ $0.50/FF + 5.671 Acres @ $20.00/Acre Fire Hydrant LocatiorrFee. 07-720-1900-800300 $ 31. 00 $31.00 for the first 5 hydrants +$ j.OO for each additional hydrant Public Works Cash Bonds and Deposits 08-800-1100-600400 $ Other $ TOTAL DUE CITY $ 16,374.00 NOTE: (1) All ceferred fees are payable at the rate ~n effect at time of payment. Accepted by: Da'~e: -2- , ~J 546PA&E 955 omission, including passive negligence or act of negligence, or both, of the Own~I. hi~ 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, 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 2, 1985 ATTEST: CITY OF GILROY ;4l{?r~~ IN WITNESS WHEREOF, Owner has executed this agreement as of November 22, 1985 'J' ~ /' /):;' / / f-~-C'ft)/ /~ (This document to be acknowledged with signatures as they appear on deed of title) / STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA.} 55. . On - Ja;n ':t;2~ J 'I '1~ '._'" ......:~ 5 4 &P~E 956 Notar ublic \n and ' ~fore me'-.,the undersigried' a or sa~d State'" , , personally appeared personally known to me ( satisfcatory evidence) tor proved to me on is/are subscribed to th 0 ~e ~he.person(s) to me that he/she/th e w~th~n ~nstrument ey executed the same. r:""~lo~r~..'" '~~,,~r~ . _ , WITNESS r; - rL~ I:nrlt!rJ.!n:![~I~n!!Unt"II"~~r~">\,,""'" ~; ,':',' >-- 0 F FIe J ALe E A l = . ~: .{ e'. -":.: rETrY F, LANDAKER ~ S~gnature '\};"::~ _~",':"'." NOTARY PU9lV'" r. = ~,j~'J''::,"<';':.''''' .. _. (AU;:ORh'!/-"~: I!llI t~;:~;;{~Y COUNTY OF SArnA CL^,~A a ::.:; , Comm, Exp, Jut 27 ::: !LG...WH'..'.J., , , Y , 1986 :: . ...., ."~~l:lli:"U.IIJUIIl.III1UllliliUU.i the basis of whose name(s) and acknowledged City Clerk, City of Gilroy, V~U~_ per Civil Code Sec. 1181; Government Code Sec. 40814