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Construct Land Development Improvements - Gonzales, Antonio and Esther ,/ ./ /^ "" 662756.0 CITY OF JILROY F 88 P!~: 384 F 88 ?!GE 384 riLED FOR fiECORO tfJ'ATfiE~ . . /"1'9 ("'l .. ,. ~ ~ , Jr. I 7 Iu 01 AM B 0 73QO Ros~nna Street, P. 0. Rox 66 Gilroy, California 05020 OfFICIAL RECORDS: SMi'A C1. AR..\ COUNT)' GEC;',[ :' f.\:m; REG) -Hi,;:1 f: r' AGREE~FNT RY O~mER OR HIS ~UCCESSORS IN INTEREST TO COnSTRUCT LMlD DEVELOPrlPlT WDRnVEr1P'TS Project Identification: AP #790-16-3 of 3 ~~ This is an aqreement between the CITY OF GILROY, hereinafter re.fe.rre'j,to JS "f,;ty". (Inri Antonio J. Gonzales & Esther F., 470 Ronan Avenue, Gilroy, California 95020 herei nafter referred to as I'~, ""pr" . ! fHEREAS. Ot.mer des i res to subdi vi de or develop the property describe~ in Exhi~it ^ and wishes to defer construction of permanent improvements an~ City al1rees to such deferment provided O\Omer a~rees to construct improvements as herein providpd. ~!(1", T! !ERJ:: FORE, IT I S AG~EEO: 1. AGp.EEnEiIT RrlDPtG on SUCCESSORS Pl HlTEREST This aryree~ent) toqether with th~ attached stipulations, is an instrur.lent affectin'l the title or possession of the real ~ropert.Y describpo in Exhi~it A. All the terms. convenants anrl conditions hprein imposed sh'l11 "'e bindinq upon and ~nure to the henefit of the successors in interest of Ovmer. Upon the sale or division of the property descrll-'cd in Exhibit l\.. t"1e tems of this aqreement shall apoly separately to each parcel and the O\\mer of each parcel shan succeed to til~' ohli<M,tions imposed on (\\"w'Y' by this aqreempnt. 11. STREET ArlO DRAH1AGE H'PROVJ:r~H'TS A. City and 'hmcr aqree that thp improvements set forth in this section nmy be rleferred because Complete improvements are not appropriate at this time. furthermore, owner agrees to pay the $4,121.78 total development fees in the following manner: $1,000.00 now with the balance, plus interest at 6%, due on January the 1st of 1981. F 88 P!SE 385 B. Owner agrees to construct the following improvements on the prqperty described in Exhibit A as welt as required off site improvements in the manner set forth In this agreement: Improvements required by. the City Department of Public \/orks as generally described below. (Cross out improvements that iJre not required.) 1. Curb and gutter 2. Sidewalks 3. Dr i veways 4. Street gradinq, base and paving 5. Storm drainage facilities 6. Erosion control plantinas and facilities 7. Electroliers 8. Underground conduit with wirin~ and pull boxes 9. Barricades and other improvements needed for traffic safety to. Street trees and other improvements between the curb and property line. 11. Street signs 12. Relocation of existinq fences, siqns and utilities l3-... - ..P..a.y.ma.n-t- ..o.f. ..a. ..p.r..o. -r...a.ta-..sh.a.r.a.. ..o.f- -th6. ...c.os.t.s- ..as- ..d&te..r..(Q.lna.d...I:uf. ..tha. ~t~-o-fi-..fl.u.b-l-~4.~-&f--e-~-<k"-e-i-nttqe--o-p. street ~.; wh-j...clr -he-g.- -been-,- -o-P- -1-9- -t-()- -be-,- ~i-ded- -by-.{)wne.r<. -end- -ot-he-r-s- -whe-f:.e.-5'U'Ch f-a-c-l-l-i~ -bene.f-i-t-s- -t-he- ~-t-y- -<ie5-c-r-l.bed.. -i-n- -E-Mh-I-b-i-t- .f+. J.4.... - ~i-oeer-i-f19- -and- ~-I-oo- ~-p-l-ao- ~...f-666 l-5-... - ....<;.a.n..i-t-a-r-y- ~ -f-av-l-l-i-t-l-e-s u...- - ,.l.t.a.t-e.l"- -5-If5-t-MI- C. When the City Director of Pubtic Wo~ks determines that the reasons for the deferment of the Improvements as set forth in section I I 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 partici~ate on a pro rata basis in the cost of the imorovements to be installed. If Owner Is obligated to Day a pro rata share of a cost of a facility provided by others, the notice shall include the amount to be paid anrl 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 he prepared by competent persons legally qualified to do the work and to submit said imorovement plans and specifications for anproval 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 olans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Puhlic Yorks and to notify the City at least 48 hours prlor to start of work. In the event Owner fails to construct any Improvements required under this agreemf>nt, City may, at its option, do the work and collect all the costs from Owner. Permission to enter onto the -/l- F 88 rt~: 386 property of Owner is granted to City or its contractor as may be necessary to con~truct such improvements. IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with oth~r rrcperty cwners, the City and other public aqencies to provide the improvements set forth herein under a joint cooperative plan inctudlng 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 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 dec.islon of the Coundl shall be binding upon both City and Owner. VI. MAH1TENANCE OF IMPROVEMErlTS 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 resotution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, ascess road or other required improvements, to assume responsibitity 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 I ife or health or damane to adjoininq prooerty. "I I. BO~lDS 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 acceotable to City to be rfleased 'hy 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 shatl 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 acceptahle to City. 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 rersons or damage to oropertv suffered through any act or emission. includlnq passive neQliqence or act of negligence. or both, of the Owner. his employees, agents. contractors. sub- -3- F 88 r!S: 387 contractors. or anyone dtrectly or Indirectly employed by either of them~ or arising in any way from the work called for by thTs agreement, on any part of the premises, IncludTng 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 ltabllTty for damage arising from the sole negtlgence 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 17, 1979 ATTEST: CITY OF GILROY Attorney .4 ,/ IN WITNESS WHEREOf. JU. @j!/r7L tJ..~ ~~ P.el9- APPROVED AS TO FORM ...__A ;//^ / /Z~(cee {( { / Owner has executed this agreement as of ~ rtll r~ ;9)5 / (~~ (Thia document to be acknor.Jledged with signaturea aa they appear on deed of title) STATE OF CALIFORNIA ) )S5. County of Santa Clara ) On this nTne hundred and day of in the year one thousand , before me, Clerk, CTty of Gilroy, State of , a Notary Public, CTty California. duly sworn, personally appeared known to me to be executed the within instrument on described In and that behalf therein named, and acknow- executed the same. 'ro 1944 CA (8-74) (Individual) , ... - ---- ..h"'t" \1 STATE OF CALIFORNIA COUNTY OF Santa Clara On December: 28, 1979 State, personally appeared A-T~--before me the u d . ______________~ n OnlO J. Gonzal~z a~dsl't~\h Notar:LPublic in and for said _ er Y. Gonzalez } SS. F 88 .,.." c1 a I ,. TITLE INSURANCE r 1 n :l.r:: 388 ==- ANDTRUST , ....- A TlCOR COMPANY IIJ 0: IIJ J: IIJ .J II. <( I- UI \"'''''"' , to be the person S h S ' known to me ''------.w ose name are to the within instrument -----subscribed executed the same. and acknowledged that_ th~ WITNESS m h Y .nd ,"d ome;,1 "~ Scagliot . r~~o~"-' -~~:':~~o~ ,~~~~=:o~'t~~~ I ",), ""\ i '< " \' '.--.'-ITJ . . . ....,.--, ".,', I NO TM<Y PUBLiC - C/\L:tcORNIA SM:TA eLl,oJ\, COUNTY My CO;;!:;]. cxp:rC3 NDV 23, 1980 J CITY 0 F G I L ROY F 88 r!S: 389 DEVELOPMENT COST SCHEDULE Date 3 12/13/79 No. Initialed RUF Location of property S.E. Corner of Wren & Ronan Avenues AP #790-16-3 of ~ Assessor1s Parcel # Name of App1 icant Antonio J. Gonzales & Esther F. Address 470 Ronan Ave., Gilroy Type of Development Proposed Modified duplex moved on to lot Area 0.2832 Frontage Acre Ronan Wren 12" W 2r S Storm Drain IIB" $624/Ac. 161.36 70.71 on vlren & Ronan - new sewer 1 i ne 232.07 - Wren COST SCHEDULE J. Front Foot Water Cha rges 8" chg. 212.07 LF @ 6.44 IF.F. $ 1,494.53 ~, 2. Front Foot Sewer Charges 8" chg. 70.71 LF @ 5.09 IF. F. $ 359.91 3. Front Foot Storm Charges LF @ IF. F. $ N/A 4. Front Foot Street Improvements SF @ IS. F. $ ~A 5. Front Foot Curb & Gu tter Charges LF @ I $ N/A 6. Area Water Charge 0.2832 Acres @ $1006 /Ac. S 284.89 7. An'd Offsite \torr'j r1rdinclfJc Fees F 88 P~';: 390 0.2832 ^c res '~ 624 /^cre ::; ~ 176.72 8. Offsite Sanitary Sewer Fees o $550 / Single Fami Iy ::: $ 550.00 9. Recreation Fees (d / Pvg (30) (70.71 (.80)= 1697.04 Pvg (18) (161.36) (.80)=2323.58 C&G- A.56) ( -4.56) (232.07)-=1058.23 ~ S /W'" (1 . 07) 4 . 5) (232. 07) '" 111 7 . 4 1 & Inspection Waived 10. Engineering Plan Check 4% x 6195.49 ;;; $ 247.80 11. [later rleter Charge rJeter (l ;; $ w/bui Iding permit 12. Electroliers 232.07 LF @ 2.20 ::: $ 510.55 13. Fi re Hydrants 212.07 LF @ I. 14 :: ~ 310 97 14. Construction Hater (.15) (232.07) / L F + 5 . 65 lAc re :: 34.81 + 5.65 (.2832) $ 36.41 34.81 + 1.60 + 15. Street Trees 3 @ 50 ::; $ 150.00 16. 17. ;: ~ :;; $ $ Total - 4121.78 STIPULATIONS 1. Fire hydrants to be installed per Fire Chief/Director of Public Works. (One Fire Hydrant on NE corner of Wren & Ronan). 2. Electro1 ier per Director of Pub1 ic Works @ NE corner of Wren and Ronan. -2- .-:.."')"