Loading...
Construct Land Development Improvements - Mattos, Edward and Mary Ann ~.-,.. Jtt' ^: G3~ f- 3\.'" \\), \'fC:)P\1J . En fi)l,\~ 'r f\l_ - r.;'\\J(j}\~~~ ~,i \\v.~~ .~;, ~ ~ '\\ ",~ ,\~ '~"~ St\' 17 \:,J' ,. , \';.', ..'"" ,,'~ ' ) - 7831265 NO FEE per GC Sec. 6103 CITY OF GILROY 7351 Rosanna Street Gilroy. California 95020 \~~ " . ' .: AGREEMENT BY OWNER OR HIS SUCCESSOR:S"lN .rMTt:R"ES;I: TO . __ " ,-" ,., t.'. . CONSTRUCT LAND DEVELOPHENT IMPij.,<lVEMf:rnS No. 83- 31 '\' . Project Identification: Assessor's Parcel #s 799-11-019 and 027 Thi8 is an agreement between the City of Gilroy. hereinafter referred to as "City". and EDWARD W. and MARY ANN MATTOS hereinafter referred to as "Owner". WHFRI:AS, (}..rner of the property described in Exhibit A, wishes to defer construction of permanent improvements and City agrees to tiuch deferment plovided 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 Exhibi t 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 !'",hibi t A, the terms of this agreement shall apply separately to each parcel and Lhe owner or each parcel shall succeed tn the obligat ions imposed on Owner by th 1 ,0 agreement. I':. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section ID6Y be deferred because: These improvements and fees are inappropriate at this time. All the improvements will be required at the time of development of anyone of the lots. B. Owner agrees to construct the following improvements Oil or adjacent to the property described on Exhibit A as well as required off site improvements in the manner 8et 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. Dri veways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion control plantings and facilities. ~,==fR.:e~~~=i~~~. ~,=~.~~~==~~~~~~~~~~R~~=p~W=~e~. 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, si~~s 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 impruvements which ,has been, or is to he, provided by Owner anci others where such facility benefits the property descrit>ed in Exhihit A. NOTE: Fees are payable at till' rate In effect at time of payment. 14. Engineering and inspection and plan check fees. 15. Sanitary sewale facilities. s:{ ~ = =4ftr'l.l! " =try'5~ e 1ft. ._1 _ H 931 ;),~c-: 637 C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in section II.no longer exist. he shall notify Owner in writing to commence their inHtallation and construction. The notice shall be mailed to the current owuer 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 improvement8 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 oust be made. III. PERFO~1ANCE 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 6ubm1t 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 6hall be done in accordance with city standards in effect at the time improvement plans are submitted for approval. Owner agrt!es to commence and complete the work within the time specified in the notice given by the Director of Public WOl-ks and to notify the City at least 48 hours prior to start of 'Nork. In the event Owner fails to construct any improvements required under (his 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 it!; contractor as may be necessary to construct such improvement!;. IV JOINT COOPEKATIVE 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 cooperat i ve plan including the format ion of a local improvement dis t rict, if this method is feal:lible 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 requirement!; 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 acceptahle 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 indemni fy and save harmless the Ci ty, its officers. agents and employees, from every expense. liability or payment by reason of injury "including death" to persons or dallhhe to property suffered through any act or -'1- H 931 ",\G: 6~8 omission. including passive negligence or act of negli~ence. or both. of the Owner, his employees, agents, contractors. sub-contractors, or any one dire~tly or indirectly employed by eit~.er of them, or arising in any way from the work called for by this agreement, on any part of the premioes, 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 lnc\emnify 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 ' September 6, 1983 ATTEST: CITY Of GILROY 4~~ &.d-~ 1Jt~ MAYOR PRO 7'~ ,/ ( '...... ~ ... APPROVEP AS TO FORM CITY ATTORNEY .) .' -~, IN WITNESS WHEREQF. ..... t I ' . -' ",' ,. / / '! ,,', '1/, II f ' ;c,/ (it! ( , (, e/I / ,(, Owner has executed this agreement as of August 30, 1983 /1 i,r--<) ,/ 1/ I :~, -(, ,'---..- r- {~~'3~ {/ )?l a/a:--~ I ) ,I i /( '( , / ~ ,- ......J , t (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this :lOth day of August 108:; i th e ",t19 ~ i e hundred and eighty-three ,Notary Public, ,*l*~*Hf~*~~*xx~*X*~ ~ n State of California, duly sworn, personally appeared known to me to be described in and that executed the within instrument on behalf therein named. and acknowledged to me that executed the same. IN WITNESS WHEREOF I have hereunto set my hand and ltffixedt:he -eff't-c'tal ~f the r.ity ~f f'.flr(Z!j 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. 1 un i Government Code Sec. 40814 r -----'.- TO 1944 CA (8-74) ~Tn1eIN5URANce ==- ANDTRUST (Individual) H931;I~GE639 ss, A neOR COMMHY t STATE OF CALIFORNIA COUNTY OF Santa Cl~ On_ ~u~u_st_ 30, 1983 St~.~rsonaJly 2~~red EDWARD W. MAffffsneA~bUll-.t4~ed.AJ-1Not~O:Af...w!i.c in and for said \JrOVecl UJ me on 'the b . f .-- N Mf rl'US _.__ . _ . _ . . aSIS 0 satlsraC!Ory eVIdence ._-~. -} Iol II: Iol J: Iol .J II. <( '" III ~ 5 5 ---a re- ,known to me to be the person_ .. .whose name . SJ.l bsceryi bed to the within instrument and acknowledged tha; 't h executed the same, n WITNESS my hand and official seal. Signature /; C ~'?A' :Y' .--- /" , -r;-: / /~. //:.J:. TONI H. ROVELLA (This area for official notarial seal) __\\\\ \ \' H 931"'; 64 \ '\ \\ \ _> \ J' \ \ '\ ,. \.' \ \.-/ ' 0 \ M~ \~ '. '. c' '. .s,''Vv'' ///' .,-~ .' , ' . \ ~ .' ,-,,\ . . ,\ . ,. . \ \ .." ~~. \' . \, \.' " ,'. ' '1ft.. \\ / \"~( </.)\ \ \~"\J\' \', tCR"-S~ '\ \ \<~,~ 'C-- \\;J \~. \~ ,. ' .\ \ \ .\, - . SpTRCET"'~ ~~ /~,,---- __ ~~. \. \\\ f ,...11 '. .' AQ, ~/....----. /c ~C uc%f\ ~ ,'t',,\ ~ ..... ~~......;,...9J;S'-...\ \~\, . \o1~RO~\\ \\ ~ , ~ \ ~ \ ,'~~ \ \ ,,'.0/ ,~- - o ~ ,,..'(,,'. t:." ,~>..i"/ -'-, ,-," f>" \ '/s'~ ~ \. ",'/' /(~ " \" \.' , --1 ~ ',,,_,,o\\l"r"'''''' '." \/" \/'/-\ \' '. \ \\\ \~\ \ \ I \ \ \ ) v'('. .,.._ .... ,\ '\0 \ \ ' , I'!' , ~~ ~.~. \ Q \\.3, ;i\ ' \ \'" \' \ \,~~ ,. \ \ ,\ r\ ~\ \ ~\ II \ ~ ~ , ..~ \ \, \ \ \\' \ ,~/;;;-.\ ~ \>\~ , \~. ,~' \ : \\' I"~; ,~:.; \ .., \\\,> 0 I . \ s\, I ' \ \ B .' ,\. . ... \ \)}..... '. ~\\\-'Ul \ 'Ii II \ ~.' 0 \ \0 9) _----\ \' \\ \ \\\ \ ,\ '. ",01.) ~ ./ ....--- ____\ .' \, ,\\' \ \.' \'" 'V. I , / /'./ ~ " ,'~ \ \ \ \ ~ - \ " \ \ ---- - ~. \: __' _ >'" -o~ \ ~.. \ ~\..,\ \~;0.~ ,I '\ ' ", ~' '\ \ ,I.-'~::: I/'''7 't .. \. ". " .' \ '...-- ,./ ....--- -'- '., '\\ "=< " \ , ,'.:0 .' 0ITE.;; \' ~ ~ ' . . .,~' z \' ~ ~~~ ~J ~ ~/.\\ . \\~\ ~:///\Y:~ I~;io'\\ STOR~\\ \~1 ~ \'.::- /~ \ ' , ~" ..' \~' \~'\ ~ ~ 0"" ;- \ \ . C "," . \ \ ~ \\ /\,\\\/ \( ~~ <\ I ~~ v\ :: \\~~ , ....J' < 'I l\'" \...~ r~ \' (;\ \ ~\.,., I . ,\ 0 '" \ ~ . , . ~. 'I' ~ ~ \", \ ~~: . ,\ . '. ' \ \ ?" ~~ \,~ " . \ \ ... \ --' \ , \\,0 · ~ · \ .....~ E EDWARD W. EXHIBIT A and MARY ANN MATTOS AGREEMENT ~ ~ , , No. 83-31 Date 8-12-83 In it ialed SD- L Location of Property South side of W. Ninth Street between Church Street and Eigleberry Street. Assessor's Parcel lis 779-11-019, 027 Na~e of Applicant EDWARD W. and MARY ANN MATTOS Address 8300 Rancho Real, Gilroy, CA 95020 Type of Development Proposed Parcel Split CITY OF GILROY DEVELOPMENT COST SCHEDULE 11 S31 ')~GE 641 Ared 57,000 Sq. Ft. 1.309 acres Street Frontage n/a Storm Drain Area "0" Engineering Map Check Subdivisions $ +$ 01-100-1100-6004-11 (n) 3.00 (n) $ 108.00 Parcel Splits $ 87.00 +$ na number of lots 7 lots Engineering Plan Check and Inspection 01-100-1100-6004-12 $ Deferred 5% of the Cost of Public Improvements 5% x $ Miscellaneous Engineering Service 01-100-1100-6004-13 $ n/a hours x ( ) Public Works Microfilming 01-100-1100-6004-14 $5.00 per sheet (maps and plans) x 1 sheet Fir~ Hydrant Location Fee 07-720-1900-8001-00 $ for the first 5 hydrants $ 5.00 $ n/a +$ for each additional hydrants Area Water Charge Acres @$ Acres @$ 03-300-1300-7203-00 $ n/a /acre /acre LF @$ /LF+ 07-720-1900-8001-00 Acres @ $ $ Deferred /acre Construction Water -1- "or' - r' . T -.--'~'- 1.. ..,- -- ~. ....~.....-.-,~--._-~-,~::-"~~-r~-~r~~-:-q-.~...~.....-.-...... . Off-Site Storm Drain Fee H 931 ;l,~~: 642 Area "A" $ /Acre 02-220-1300-7202-00 $ Area "A-l"S /Acre 02-220-1300-7202-01 $ Area "BOO $ /Acre 02-221-1300-7202-00 $ Area ..C.. $ /Acre 02-222-1300-7202-00 $ Area "D" $ /Acre 02-223-1300-7202-00 . $ Area ..E" $ /Acre ~2-224-1300-7202-00 $ Area "F .. $ /Acre 02-225-)300-7202-00 $ Area "Q.. $ /Acre 02-226-1300-7202-00 $ Deferred Acres @$ /Acre Acres @$ /Acre Frcnt Foot Charges Water 02-230-1300-7204-00 $ n/a LF @$ /LF \ " Sewer 02-230-1300-7205-00 $ By Developer LF @$ /LF , ! Storm Drain 02-230-1300-7207-00 $ n/a LF @$ /LF Street Improvements 02-230-1300-7207-00 $ By Developer Pavement SF @$ /SF-$ By Developer Curb & Gutter LF @$ /LF-$ II Sidewalk SF @$ /SFa.$ II Gal. Pole Electrolier LF @$ /LF-$ n/a Elect rolier Conduit LF @$ /LF-$ n/a Fire Hydrant LF @$ /LF-$ n/a Wood Pole Uounted Electrolier 01-100-1100-6004-00 $ Deferred LF @$ /LF Public WorKs Cash Bonds and Deposits 08-800-1100-6004-02 $ -0- Other $ Other . $ (~ TOTAL $ 113.00 NorE: All deferred fees are payable at the rate in effect at time of payment. -2-