Construct Land Development Improvements - Montano, Al
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AGREEHENT BY OWNER 01{ HI:)' gUCCESSO!{:) IN IN'n:REST TO
CONSTIUJC1' LAND Di~V!.;J,OPtlENT H1!'P.(iVENENTS No.
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CITY OF GILROY
7351 Rosanna Street
Gilroy, California 95020
81-20
Project Identification: Assessor's Parcel No. 835-01-003
This is an agreement between the City of CUroy, hereinafter
referred to as "City" t and AL MON'l'ANO
hereinafter referred to as "Owner".
WHEREAS, Owner of the proper'ty deseribed in Exhibit A, wishes to defer
construction of permanent lmpl-ovements and City agrees to such deferment
IHovlded Owne r (or Successor 1n interes t) agr-ees to const ruct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEHENT BINDING ON SUCCESSOI{S IN INTEI{I~ST
Thls agreement, together .....ith the attached stipulations, is an instnllnent
affecting the title or ~)iibet:Hiton of the n~al property di:~8crihNj in Ex.hibit A.
All the tenDs, convenants and conditions herelll imposed shall be binding upon
and inure to the benefit of the successot"s l,) i nter'es t 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 Ule mmer of each parcel shall succeed
to the obligations imposed on Owner by this agreement.
I I. STREET AND DRAINAGE U1PROVEt'IENTS
A. Ci ty and Owner agree that the improvements Sf~t forth in this section
may be deferred because:
These improvements and fees are inappropriate at this time.
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
1n the manner set forth in this agrel>.mcnt:
Improvements required by the City Department of Public Works as generally
described below. (Cross out Lmprovements that are not required.)
1. Curb and gutter.
2. Sldewalk!i.
1. Dri ve'.<lays.
4. Street grdding, base and paving.
5. Storm draLnage fatilities.
6. Erosion control plant!.ngs and fa.citfties.
7. Electroliers.
8. Underground conduit with wirillg iii\d pull boxes.
9. Barricades and other impl'ovementB needed for traffic Bafety.
10. Street trees and other tmprovements betwi:~en the curb and propcr'ty
line.
11. Street signH.
12. Relocation of exibting fences, sIgns and utilities.
13. Paymf~nt of a pro rata sltare of the costs as determined by the
Department of PublIc Works of a storm dr.alnage or street Lrnprovt~lIlt'nts
which has been, or is to Iw I pl"dvlded by Owner and others where slIch
facility bent::fit8 tb~> properly described in Exhihit A.
NOTE: Fees are payab1t~ al tIlt' rat(, III effect at tlrne of payment.
lt~. Engineer-ing and InspecLldn and pLw check fees.
15. Sanitary ~ewage facilities.
16. Water system.
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I 939 :)~.Gt39B
C. When the City Director of Public Works determ1.nes that the reasons
for the deferment of the improvements as set forth in sectlon 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
descrlbe 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
improvemente may be required at a specified time. Each owner shall participate
on a pro rata basis in the cost of the improvements to he installed. If owner
Is obligated to pay a pro rate share of a cost of a facUlty provided by others,
the notice shall include the amount to be paid and the time when payment must be made.
III. PERFOID1ANCE OF THE WORK
Owner agrees to perform the work and make the payments requi red 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 hy competent persons
legally qualifled to do the work and to sllbmlt said improvement plans and
specifications for approval prior to commencement of the work descrihed in the
notlce 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 noUfy the
City at least 48 hours prior to stiut of wOI-k. In the event Owner (a Us 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 upun nottce by City with other property owners, the
City and other public agenct.es 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 Sl~t forth 1.n any notice to commence
installation of Improvements he shall, within 30 days of the date the notice was ma.iled,
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
Clty agrees to accept for ma.intenance 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 Clty Council.
Owner agrees to provide any necessary temporary drainage facilities, access roads
or other required improvements, to assume responsibility for the proj)er functioning
thereof, to submlt 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
Prlor to approval of Improvement plans by the City, Owner may be required to
execute and deliver to the City 1'1 faIthful perfer-mallc\.' hond and a lahor and materials
bond in an l.llll0unt and form acceptable to City t.o be rell~ased hy the City Council in
whole or in part upon complet ion of the work n.qui red and payment of all perHoLls
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 ouring the performance of the work called for herein, a
separate policy of Insurance in a form and amollnt acceptable to City.
IX INDEMNITY
The Owner shall assume the defense and indl'mnlfy and save harmless the City, its
officers, agents and employees, from every expense, liability or payment by n~ason of
injury "including death" to persons or dumage It) property 8uffered through any act or
1939:'~Gt399
omission, including passlve negligence or act of negligence, or both, of the Owner, his
employees, agents, contractors, sub-contractors, or anyone directly or indirectly
employed by either of them, or arising in allY '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 adefjuilcy, safety, use or non-use of
temporary drainage facilities, the perfonnancl' 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 arlsing from the sole negIigence or willful miseonduct
of the City or its agents, servants or independent contrHctors who are directly
responsible to the City.
IN WITNESS WHEREOF, City has executed this agreement as of
October 1, 1984
ATTEST:
CITY OF GILROY
APPROVED AS TO FO~
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IN WITNESS WHEREOF. Owner has executed this agreement as of
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)89.
COUNTY OF SANTA CLARA )
On this
hundred and
State of California,
known to me to be
executed the within instrument
acknowledged to me that
day of in the year one thousand nine
, Notary -PublI-C-:- City Clerk, City of Gilroy,
duiy~n, personally appenred
described in and that
_____._W".
oll___._..._____behalf tlwrein named, and
executed the same.
IN WITNESS WHEIU~OF I have hereunto set lilY 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 C(lroy, St-:ite of (:;ilTifon~~l--
per Civll Code Sec. 118lj Government Codt' Sec. 408lLl
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STATEOFCAUFORNIA 1939;)~.GE400
COUNTY OP ~{J n +0 (I i (~ y<"-.
On c.::, f.' e t . ;2 I.{ I 9'" l/ before me, tbe undersigned. a ~otary Public in and for said
State, personally appeared I A I rvl/"l n -f 0. VI f'
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. known to me
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to be tbe perso~'4bose name lS
to the within instrument and acknow!edged that
ex<<:uled the same,
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WITNESS my hand and official seaJ.
Signature
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Juc9Y Oi afJ . J
OFFICIAL SEAd
JUDY DIAZ
NQTARY PUBLIC - CALIFORNIA
,i t f. SANTA CLARA COUNTY I
II C,,, My comm. e1pires OCT 16, 1987
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(Thu ua (or 01!lciaJ nOlano.! >Cal)
I 939 :)~Gr 401
EXHIBIT A
AGREEMENT 84-20
CITY OF GILROY
I 939 :).~GE 402
DEVELOprlENT COST SCHEDULE
No. 84-20
Date 9-20-84
Inltialf:'d SO-I.
Location of Property
West side of Murray Avenue approximately 1150 feet
north of Leavesley Road (8605 Murray Avenue)
Assessor's Parcel #
835-01-003
Name of Applicant
AL MONTANO
Address
400 Bellomy Street #28, Santa Clara, CA 95050
Type of Development Proposed ~e~er Ho_ok..:-..!Jp__________________
Area
3.30 Acres
Storm Drain
Area "c"
Street Frontage
184.80 feet
Engineering Hap Check
01-100-1100-6004-11
$
n/a
Subdivisions $
..l..C , }
,__..,'____ ~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 $
Miscellaneous Engineerlng Service
01-100-1100-6004-13
$
31.00
1 hours x ( $31. 00 )
Public Works Microfilming
01-100-1100-6004-14
$
n/a
$5.00 per sheet (maps and plans)
Fire Hydrant Location Fee
07-720-1900-8001-00
$
n/a
$
for the first 5 hydrants
+$
for each additional hydrants
Area Water Charge
03-300-1300-7203-00
$
Deferred
Acres @$
lacre
Acres @$_____/acre
Construction Water
07-720-1900-8001-00
$__._ n/a____
LF @$
/LF+
Acres @ $
/acre
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Oft-Site Storm Drain Fee
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Ar~a "A" S
Area "A-I"S
Area II ti .. S
Area "e" S
Area "0" S
Area ..~.. S
Area "F" $
Area uQ" $
Acres @$
Acres @$
IAcre
02-2~O-lJUO-7202-00 $
02-220-1JUO-7202-01 $
02-221-1)UU-]2U2-(JU $
02-222-13UU-7202-00 $ Deferred
02-223-1 j()O-7202-LlO $
02-224 -1 :WO-] 202-00 $
02-225-) JUO-72U2-00 $
U2-22L-1100-7202-00 $
IAcre
IAcrc
IAcre
lAc r"c
IAcl'c
IAcrc
IAcre
IAcrc
IAcrc
front Foot Churgc8
Wate r
U2-210-1)UU-72U4-00 $ Paid
ILl-'
02-23U--l JUO-. 7 2U5-00 $ 600.00
Deferred
ILF
02-210-1]OU-72U7-00 S De ferred
LI-' @$
St:wer
6 0 . 0 0 L~' @ $ 10 . 0 0
124.80 LF'
Storm DraIn
LF @$ ILF
Street Improvements
Pavewcllt
S ~. (J $
Curb & Gutter LF @$
Sidewalk Sf (i.t$
Gal. Pole
Eleclroller LF @$
ElcctroJier
COlldult LF @$
fire lIydrallt U' (:1$
Wood Pole Hounted Electrolier
LF @$
Public Works Cauh Bonds and OcI'Ot;1tti
Other Off-sj te SC'dcr connection.
$
908.00
o t he r
$
'.
TUTAL
$ 1,539.00
NUT!::: AI! deferred fees are paytible at the rate In effcct ut time of puYUlent.
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