Construct Land Development Improvements - Marquez, Arnold and Mary - No. 86-59
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,~~fusarrne E. Steinmetz, City Clerk NO FEE per GC
~ City or Gilroy
\ 7351 Rosanna St. D \-t
Gilroy, CA 95020
CITY OF GILROY
See 6103
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7351 Rosanna Street
Gilroy, California 95020
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AGREEMENT BY OWNER OR HIS SUCCESSrOR,S:.}N -'INTEREST TO
CONSTRUCT LAND DEVELOPt1ENTU1PROVEMENIS No.
86-59
Project IJentification: East side of l'1onterey Highway, approx. 1400' South of
Tenth St.
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and Harquez, Arnold & Mary C.
hereinafter referred to as "Owner".
WHEREAS, Owner of the property described 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.
NOH, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, is an instrument
affecting tl1C title or possession of the real property described in Exhibit A.
All the terms, convenants and conditiolls herein imposed shall be binding upon
and inure to the benefit of the successors ill 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.
I I. STREET AND DRAINAGE IMPROVE~1ENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
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 Clty Department of Public Works as generally
described below. (Cross out improvements that are not required.)
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Curb and gutter.
Sidewalks.
Driveways.
Street grading, base and paving.
Storm drainage facilities.
Erosion control plantings and facilities.
Electroliers.
Underground conduit with wiring and pull boxes.
Barricades and othec improvements needed for traffic safety.
Street trees and other- Lilp;:'(.Jvemencs between the curb and property
line.
Street signs.
Relocation of existing fences, signs and utilities.
Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainuge or street improvements
which has been, or is to be, provided by Owner and others where such
facility benefits the pcoperty described in Exhibit A.
NOTE: Fees are payable at the rate in effect at time of payment.
Engineering and inspection and pian check fees.
Sanitary sewage facilities.
Water system.
11.
12.
13.
14.
15.
16.
-1,-
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K 018PAGEJ 953
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvel~nts 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 rRte share 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.
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
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
cons truct 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 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 necessary 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 will 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 work required and payment of all persons
furnishing labor and materials in the performance of the work.
VIII
INSURANCE
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 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 property suffered through any act or
K 018PAGEJ 954
omission, including passive negligence or act of negligence, or'ooth, of the Own~..~ his
employees, agents, contractors, sub-contractors, or ahY one directly or inditectly
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 ~lEREOF, City has executed this agreement as of '
January 19, 1987
ATTEST:
CITY OF GILROY
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IN WITNESS WHEREOF, Owner has executed this agreement as of
d:2 Af)ye-
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this
hundred and
State of California,
known to me to be
executed the within instrument on
acknowledged to me that
day of
in the year one thousand nine
, Notary Public, City Clerk, City of Gilroy,
duly sworn, personally appeared
described in and that
behalf therein named, and
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.
City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
I
I
GENERAL ACKNOWLEDGMENT
State of
County of
7110122
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OFFICIAL SEAL
JUDY DIAZ
NGTARY PUBLIC - ct,UFORNIA
SM~TA CLAm\ Cm:NTY
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On this the ~ day of
,DpCl.p vn h-fJ r
J~d 1 ,Diu;
the undersigned Notary Public, personally appeared
A- r Y1 () I c(
/V(a ~lu e z_
o personally known to me
~. proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) h -e
within instrument, and acknowledged that h -<
WITNESS my hand and icial seal.
Notary's Signature
NO. 201
19~, before me,
subscribed to the
executed it.
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA 91364
GILROY
SERVICE CHARGES
ENGINEERING DIVISION
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PROJECT:
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OWNER/DEVELOPER:
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02-226-1300-720200
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Description
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. Special Public Works Services,
Engineer Plan Check & Inspectton
Off-Site Storm Drain:
Dis t r ict "A"
District "A-l"
Dis t ric t liB II
District "C"
District "D"
District ''E"
Dis t rict "F"
Dis t rict "Q"
Asses~ment/Improvement
Off-Site Sewer- .
. Area Water Charge. "
K 0 i8PAGEJ956
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No . 8 6 - 5 9
Date 12/4/86
Initialed J.B.L.
Location of Property East side of Monterey Highway, approximately
1400' south of Tenth Street
Assessor's Parcel II 841-14-008
Name of Applicant Marquez, Arnold & Mary C.
Address
Type of Development Proposed
Area 1 , 404 Ac.
Existing office and residence
Storm Drain
Area 'h A"
Street Frontage
177 T.F (i17,h) LP)
Special Public Works Services
Engineering Map Check
Subdivisions $190.00 + $3.00/lot
Parcel Splits $83.00 + $3.00/lot
number of lots
Miscellaneous Engineering Service
1 hours x $32.55/hr
Public Works M~crofilming (Maps and Plans)
sheets x $5.00/sheet
Wood Pole Mounted Electrolier
01-100-1100-600400 $
32.55
$ N/A
$ 32.55
$ N/A
$ N/A
FF @ $5.25/FF
Engineering Plan Check and Inspection
5% of the Cost of Public Improvements
5% x $
01-100-1100-600412
$ Deferred
Storm Development Fee
Acres @$
Acres @$
$1,868.00/Acre
$3,716.00/Acre
$1,654.00/Acre
$2,798.00/Acre
$1)788.00/Acre
$1,364.00/Acre
$2,424.00/Acre
$2,333.00/Acre
/Acre
/Acre
02-220-1300-720200 $ Deferred
02-220-1300-720201 $
02-221-1300-720200 $
02-222-1300-720200 $
02-223-1300-720200 $
02-224-1300-720200 $
02-225-1300-720200 $
02-226-1300-720200 $
Area "A"
Area "A-I"
Area "B"
Area "C"
Area "D"
Area "E"
Area "F"
Area
UQ"
Front Foot Charges
K 018PAGE1957
Water
02-230-1300-720400 $ Deferred
FF @$
/FF
Sewer
02-230-1300-720500 $
926.00
(Partial) 100
FF @$
9 . 26 /FF
Street Improvements 02-230-1300-720600 $ Deferred
Pavement SF @ $ /SF $
Curb & Gutter FF @ $11. 41/FF = $
Sidewalk SF @ $ 3.27/SF = $
Gal. Pole
Electrolier
& Conduit FF @ $ 5.25/FF = $
Fire Hydrant
Resident FF @ $ 2.67/FF = $
Comm & Ind. FF @ $ 2.99/FF $
Storm Drain 02-230-1300-720700 $ Deferred
FF @$ /FF
Sewer Development Fee 07-705-1300-720100 $ Deferred
Water Development Fee
07-725-1300-720300 $ Deferred
Units @ $880.88/Unit
Gals. @ $918.17/1000 GPO peak
Construction Water
07-720-1900-800100 $ Deferred
FF @ $0.55/FF +
Acres @ $21.00/Acre
Fire Hydrant Location Fee
07-720-1900-800300 $ Deferred
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
08-800-1100-600400 $ Deferred
Other
$ Defprrp(J
TOTAL DUE CITY
$ 958.55
NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the
time Building Permits are issued.
Accepted by :J1MJ J Q~\Cv,'" '-,
Date: J ,) ,. J') .. n \ )..-
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EXHIBIT A
AGREEHENT 86-59
K 018PAGEJ958