Construct Land Development Improvements - Maghari, Eulogio and Angelina
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CITY OF GILROY NO FEE per ec Sec. 6103
''r7351 Rosanna Street
GilroYt CA 95020
, 'AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
I 025 ~~GE 481
786B376
Project Identification:
Assessor's Parcel No. 790-20-075
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and Eulogio and Angelina Maghari
hereinafter referred to as "Owner".
WHEREAS, 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 THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, 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 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 At 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 IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because: Complete improvements and fees are inappropriate at
this time. Furthermoret
1) Owner agrees to pay $7,394.00 at 12% interest per annum on the unpaid balance
once a year for five (5) years to be paid as follows:
Year
1
2
3
4
5
Date Due
9-16-83
9-16-84
9-16-85
9-16-86
9-16-87
Interest
-0-
709.68
596.13
445.11
249.26
Principal
1,480.00
946.24
It258.50
1,632.08
2,077.18
Payment Due
1,480.00
It655.92
It854.63
2t077 .19
2,326.44
Balance
5,914.00
4,967.76
3t709.26
2,077.18
-0-
If the property is developed and improved within the 5 years of this
agreementt all the remaining fees will be due and payable including all the
deferred fees.
2) Owner agrees to annex and/or sign a petition to annex into the City limits at
such time as requested by the City.
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.
2. Sidewalks.
3. Driveways.
4. Street gradingt 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 fencest 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 bet 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.
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1 025 ~~!Gtt4B2
C. WheA the City Director of Public \Jorks determines that the reasons
for the' deferment of the improvements as set forth in section 11 ,no longer
existt 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 \york 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 otherst
the not ice shall include the amount to be paid and the time when payment mus t be made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make the payments required by Ci ty
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
wi th city standards in effect at the time improvement plans are submi t ted 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 t City lIIay, at its
op~ion do the work and collect all costs from Owner. Permissi.on 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 P~AN
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 district, if this
method is feasible to secure the installation and construction of the improvements.
V REVIEW OF REQUIREMENTS
If Owner disagrees with the requirem
inGtallation of improvements he shall, wi
r(~quest a review of the requirements by t
s'lall be binding upon both City and Owner
s set forth in any notice to commence
n 30 days of the date the notice was mailed,
City Council. The decision of the Council
V.. l1AINTENANCE OF IMPROVEl1ENTS
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, access roads
or 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
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 plans by the City t Owner may be required to
execute and deliver to the City a faithful performance bond and a labor and materials
b0nd in an amount and form acceptable to City to be released by the C,ity Council in
whole or in part upon completion of the work required and payment of all persons
furnishing labor and materials in the performance ,)f the work.
VIII
INSURANCE
,
Owner shall maintain, or shall require any contractor engaged to perform the work
t(, maintaint at all times during the performance of the work called for hereint a
st::parate policy of insurance in a form and amount acceptable to City.
e. 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
iflJury "including death.' to persons or damage to property suffered through any act or
"
I 025~".~:B! 483
'omissiont including passive l1eglip;ence or act of negligence, or hotht of the Ownert his
employ~es. agentst contractorst sub-contractorst or any one dire~tly or indirectly
employed by eith~r 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 safetYt use or non-use of
temporary drainage factlities, the performance or. non-performance of t:1e work.
This provision shall not be deemed to require the Owner to IndemnUy 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 WIIO are directly
r~sponsible to the City.
IN WITNESS WHEREOFt City has executed this agreement as of'
October 24, 1983
ATTEST:
CITY OF GILROY
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YOR
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APPROVED AS TO ~ORM
IN WITNESS WHEREOFt Owner has execut~d this agreement as of
16th
September 1983
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(This document to be acknowledged with signatures do they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this 16th day of September .in the year one thousand nine
hundred and eighty-three t Notary Puhlic, City Clerk, City of Cilroy.
State of Californiat duly swornt personally appeared Eulogio Maghari
known to me to be the person .described in and that he
executed the within in6 trument on his behalf therein named. and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
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\~.P'~,hf1H' of G&':y, State of
,,''1p~r''~iv'it,~'de'Sec. 1181; Government
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ClTY OF GILROY
DEVELOPMENT COST SCHEOULE
No. 83-26
Date 9-16-83
Init ialed
SD-L
Location of Property East side of Kern Avenue approximately 900 feet
North of Welburn Avenue
AsscBsor's Parcel II 790-20-075
Namu of Applicant Eulogio and Angelina Maghari
Add~ess 1794 Camargo Drive, San Jose, CA 95132
Type of Development Proposed Sewer Hook Up
Area 2.00 acres Storm Drain Area "B"
Street Frontage
174.17 feet
Engineering Map Check 01-100-1100-6004-11 $ n/a
Subdivisions $ +$ (n)
Parcel Splits $ +$ (n)
n= number of lots
Engineering Plan Check and Inspection 01-100-1100-6004-12 $ n/a
5% of the Cost of Public Improvements
5% x $
Mis~ellaneous Engineering Service
1 hours x ( 31.00 )
Public Works Microfilming
$5.00 per sheet (maps and plans)
Fire Hydrant Location Fee
01-100-1100-6004-13
$
31. 00
01-100-1100-6004-14
$
n/a
07-720-1900-8001-00
n/a
$
$
+$
for the first 5 hydrants
for each additional hydrants
Area Water Charge
Acres @$
Acres @$
03-300-1300-7203-00
$
Deferred
/acre
/acre
Cons:ruction Water
LF @$
/LF+
070-1900-8001-00
Acres @ $
$
/acre
Deferred
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, ,
-Off-Site Storm Drain Fee
Area "A" $
Area "A-l"$
Area "B" $ 1 . 0 6 4 . 0 0
Area "c" $
Area "0" $
Area "E" $
Area "F" $
Area "Q" $
/Acre
/Acre
/Acre
/Acre
/Acre
/Acre
IAcre
/Acre
0.23 Acres @$ 1/064.00/Acr~
1. 77 Acres @$
266.0riAcre
Front Foot Charges
Water
174.17 LF @$ 12.51 /LF
Sewer
., j
174.17 LF @$ 10.00 /LF
Storm Drain
LF @$
Street Improvements
Pavement 1741.7 SF @$
Curb & Gutter
LF @$
Sidewalk
SF @$
Gal. Pole
Electrol1er
Electrol1er
Conduit
LF @$
LF @$
Fire Hydrant
LF @$
/LF
1.52
Wood Pole tfuunted Electrolier
LF @$
Puhlic Works Cash Bonds and Deposits
Other
Sewer Connection Fee
Otl:er
$245.00
Deferred
/SF=$
/LF=$
ISF=$
/LFmS
/LFm$
/LFm$
/LF
I 025 i).~Gt 486
02-220-1300-7202-00 $
02-220-1300-7202-01 $
02-221-1300-7202-00 $
245.00
02-222-1300-7202-00 $
02-223-1300-7202-00 $
02-224-1300-7202-00 $
02-225-)300-7202-00 $
02-226-1300-7202-00 $
08-800-1100-6004-02
oi4M{}I-IJ/}{/cih'itiiflcid $ 2.179.00
08-800-1100-6004-02
oi4M{}I-IY.3{)ffliiti11dci $ 1,742.00
"
02-230-1300-7207-00 $
-0-
08-800~1100-6004-02
W~imriW $ 2,647.00
2,647.00
Deferred
"
"
"
"
01-100-1100-6004-00 $
n/a
08-800-1100-6004-02 $
$
550.00
.
$
(Jl.
TOTAL
$ 7,394.00
NOTE: All deferred fees are payable at the rate in effect at time of payment.
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Fli ED FOR HEGORD
i\"T REQUEST OF
ti:lit ? A~
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AGREEHENT
WHEREAS, the CITY OF GILROY, hereinafter referred to as
"City" and EULOGIO and ANGELINA MAGHARI, hereinafter referred to
as "Owner" have entered into an Agreement dated September 16,
1983 for deferred City public improvement fees for land develop-
ment improvements on Kern Avenue, Gilroy, California, abutting
Owner's property; and
WHEREAS, GILROY UNIFIED SCHOOL DISTRICT, hereinafter
referred to as "District" has previously paid for the contruc-
tion of land development improvements to its property abutting
Kern Avenue, Gilroy, California, which said improvements benefit
Owner's property and for which District is entitled to partial
reimbursement therefor;
NOW THEREFORE, it is agreed by and between City and
District that:
1. All outstanding fees for public improvement
developments required by City benefitting the property currently
owned by EULOGIO and ANGELINA NAGHARI, his wife, identified as
Assessor's Parcel No. 790-20-075, equalling the sum of $7,394.00
at 12% interest per annum on the unpaid balance as set forth in
the Agreement between City and Owner, dated September 16, 1983,
shall be collected by City on behalf of District. Said fees and
interest shall be collected pursuant to the following schedule
of payments to be made on September 16, 1983 and on or before
September 16th of each and every year thereafter until paid:
1/5 the total amount of fees the first year;
1/4 of the balance plus interest the second year;
1/3 of the balance plus interest the third year;
1/4 of the balance plus interest the fourth year; and
the remaining balance plus interest the fifth year.
2. City shall pay District on or before October 1,
1983, and on or before October 1 of each and every year thereafter,
all sums collected from Owner on District's behalf, minus a 2%
City collection charge for all services performed by City in
collecting, processing and transmitting said fees, including
all costs of any litigation necessary to collect said fee if
delinquent or unpaid by Owner. The amount of said payments and
the pro-ration of said payments between City and District as
reimbursements for improvements benefitting Owner's property
shall be as follows:
Payment Payment By City Amount wed ArIDunt wed
Date CMner to Ci ty Collection Fee City District
9/16/83 $1,480.00 -0- $826.00 $ 654.00
9/16/84 1,655.92 $118.28 118.2b 1,537.64
9/16/85 1,854.63 99.35 99.35 1,755.28
9/16/86 2tOn.19 74.18 74.18 2,003.01
9/16/87 2,326.44 41. 54 41.54 2,284.90
30 If Owner becomes delinquent for any reason in the
payment of sums set forth herein, City shall pursue collection
of said payments against Owner, succeeding Owners and/or the
parcel of property benefitted by the construction of improvements
paid for by the City and District.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the dates set forth below.
GILROY UNIFIED SCHOOL DISTRICT:
CITY OF GILROY:
Dated:
by
Authorized Agent
by
"District"
"Ci tyll
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EXHIBIT A
MAGHARI AGREEMENT
R'S MEMO
RECORDE . OR TYPINI3
F,t>.INi WRtT1Nu,PIES MAKtS
OR <")\ReON CC. HIC RECoRO
OR \-'~01-(>GR~P
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