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Construct Land Development Improvements - Homestead Savings NO FEE per GC Sec. 6103 84934~71 Susanne E. Steinmetz,City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 ',"'_';1 i'l', ~ ,I'; ,}'. . AGREEMENT ~~ER OR RIS SUCCESSOR~ ININTERE~'~ CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS \~<Q~ "\\\1 \ ~\ r'~ ~ (1'1 ~l (11 t-I&ol-/ , ' 'n ,'/ 'J' '.. In r:' TO No. 85-55 c- ~ ~ e..;~ -0 'p c.' f""1""1 Project Identification: Assessor I s Parcel #s 835-01-013, 014, 027 & 028 This is an agreement between the City of Gilroy, hereinafter referred to as "City", and HOMESTEAD SAVINGS , a Federal Savings' and Loan Association (fJ 0:) , 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 such 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 IMPROVE~mNTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These improvements are inappropri?te at this time. B. Owner agrees to construct the following improvements on or adjacent to the property described on Exhibit A as well us 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. 2. Sidewalks. 3. Driveways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion control plantings 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 Exhibit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 15. Sanitary sewage facilities. 16. Water system. J~<l'_ tJP4Cr 88~ tJ C. When the City Director of Public Works determines that the reasons for the deferment of t;he 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 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 be installed. If owner is obligated to pay a pro rate share of a cost of a facility provided by others, the notice shall include the amount to be paid and the time when payment I1n.1st be made. III. PERFORMANCE OF THE WORK Owner agrt:!es to perform the work and make the payments required by City as set forth herein or as modified by the Ci ty Council. Owner shall 'cause plans and specifications for the improvements to be prepared by competent persons r 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 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 Direetor 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 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 owners. 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 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 MAINT~NANCE OF IMPROVEMENTS I 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 tIle 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 damage to adjoining property. . VII BONDS Prior to approval of improvement plaps 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 f-ity to be released 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 8hall maintain. or shall requiJ:'e 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 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 persons or damage to prope rty suffered through any a,:t or * This agreement is conditioned upon the sale of the property described ln Exhib~t A to Woodside Land and Timber Corp.("Woodside"). Upon the closing of sald sale, Owner shall have no rights or obligations hereunder and any of its obligations as Owner shall be assumed by Woodside or its successor in interest. omission, including passive negligence or act of negligence, or both, of the Own~.r,. his employeesi agents, contractors, sub-contractors, or anyone directly or indit~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 provisiori 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. * C- ~ i\:) eJ! -0 J> G'> r1I IN WITNESS WHEREOF, Cit~ has executed.this agreement as of J 00 0') C':I August 5, 1985 ATTEST: CITY OF GILROY ,~R::E:; t; ;i It /(L-~ // (/I CITY ATTOR i) ~ ~J--.- CITY kMINIST TOR PROTEMPORE f 25' S-L /./~J'- ~ J :_~. 5?~ ~.--I\-- 5V'/ C\ " IN WITNESS WHEREOF. Owner has executed th~s agr~ement as of f STATE OF CALIFORNIA COUN1YOF SAN MATEO On JULY 25, 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared G. ERIC LONNQUIST 1 personally known to me or proved to me on the basis ot satisfactory eVidence to be the person who executed the within instrument as the Senior ViCePresident, and personally known to me or proved to me on the basis ot satisfactory eVidence to be Secretary at the Corporation that exec:J1ed the Within instrument and acknowledged to me that such corporation executed the within instru- ment purwant to its by-laws or a resolution ot Its board of directors ;;1~'I~~.i ~ ~8fi~.ln"~lU\flR"IlflR~YUBRO "mm~n OOOE'; ij~WJiJ~lJB8dllDOBn'~ i OfIFICIAL SEAL I ~ ~i'~ lEE APPLEMAN ? .-J"'.c~":""'~'~ NOTARY PUBLIC-CALII'ORNla t. ::; , ...f' ~ SAN Mil TEO COUNTY t: :: "'''0'' My commission expires Mardi 7. t9llll ~ r' ~nn U~ i n!g~n .U~.l. I II "'" Ibl' ii~iiiH, "n tH l iiLtttttn, j } (ThiS area fur offiCial notarial seal) ~: ". 1 . > ',' City Clerk, City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 40814 _'1_ ,~> ./C ~ ~~-;/' v ~ ~. ~ ~ -cP1" 0) ~ =---- \ \ ,-,\ ---- . I \1 1 ~- --- , ~--/\ ~~~ .-'/- -----~ ~---'" " / _/ ",// f--\ A --'" EXHIBIT A HOMESTEAD SAVINGS .. CITY OF GILROY No. 85-55 C1 -t: SU 'LfJ DEVELOPMENT COST SCHEDULE Date 7-25-85 Initialed SD-L Location of Property Northwest corner of Leavesley Road and Murray Aven. Assessor's Parcel # 835-01-013, 014, 027 & 028 ~ ob p eQ CfC> Q) Name of Applicant HO~lliSTEAD SAVINGS Address 1777 Murchison Drive, Burlinqame, CA 94010 Type of Development Proposed Parcel Split (Area 10.33 acres Storm Drain Area "c" Street Frontage Deferred Special Public Works Services 01-100-1100-600400 $ 83.50 Engineering Map Check Subdivisions $190.00 + $3.00/1ot $ 95.00/47.50 Parcel Splits $83.00 + $3.00/lot 4 number of lots Miscellaneous Engineering Service $ 31.00 1 hours x $31.00/hr Public Works Microfilming (Maps and Plans) 1 sheets x $5.00/sheet $ 5.00 Wood Pole Mounted Electrolier $ n/a FF @ $5.00/FF Engineering Plan Check and Inspection 01-100-1100-600412 $ De ferred ' I 5% of the Cost of Public Improvements 5% x $' Storm Development Fee Area. "A" $1,850.00/Acre 02-220-1300-720200 $ 02-220-1300-720201 $ 02-221-1300-720200 $ 02-222-1300-720200 $ 02-223-1300-120200 $ 02-224-1300-720200 $ 02-225-1300-120200 $ 02-226-1300-720200 $ Area "A-l" $3,680.00/Acre ... Area "B" $1,640.00/Acre Area lie" $2,770.00/Acre Area "D" $1, 110.00/Acre Area "E" $1,350.00/Acre Area "F" $2,400.00/Acre Area "Q" $2,31O.00/Acre Acres @$ /Acre Deferred Acres @$ /Acre Front Foot Charges Water FF @$ IFF Sewer FF @$ IFF Street Improvements Pavement SF'@ $ FF @ $10.87/FF K $ " Curb & Gutter 02-230-1300-720400 $ Deferred 02-230-1300-720500 $ Deferred 02-230-1300-720600 $, Deferred ISF .. $ Deferred SF @ $ 3.11/SF .. $ " ; Sidewalk Gal. Pole Electrolier & Conduit FF @ $ 5.00/FF .. $ Fire Hydrant Resident " FF @ $ 2.54/FF .. $ " Comm & Ind. FF @ $ 2.85/FF .. $ 02-230-1300-720700 Storm Drain FF @$ IFF Sewer Development Fee Water Development Fee Units @ $815.00/Unit " 07-705-1300-720100 07-725-1300-720300 Gals. @ $850.81/1000 GPD peak Construction Water FF @ $0.50/FF + Fire Hydrant Location Fee $31.00 for the first 5 hydrants I +$ 3.00 for each additional hydrant Public Works Cash Bonds and Deposits (Mylar) Other 07-720-1900-800100 Acres @ $20.00/Acre 07-720-1900-800300 08-800-1100-600400 TOTAL DUE CITY . $ Deferred $ Deferred $ Deferred $ Deferred $ Deferred $ 9.00 $ $ '" 92.50 NOTE: (1) All deferred fees are payable at the rate in effect at time of payment. Accepted by: c.-. ~ ~ ~n ~ C'"J ,.,., 00 0) t}i""o, .......,.. Date: -2-