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Construct Land Development Improvements - Montano, Al I 939 :1~G~ 397 . 21.004:5 . . . 8 ,f' f0R 1\E~'I:,O . f\LEv c.'-\l(c)\ e.~r . . 1~h_"'U-' ^~, . ,\ 3 2S ~" '~~ Gel ~ RECOROS OH\C\~\R~ CQutf('1' sA~~~kER~Rrt~~ER r'\~; \(":.i"R~ ' AGREEHENT BY OWNER 01{ HI:)' gUCCESSO!{:) IN IN'n:REST TO CONSTIUJC1' LAND Di~V!.;J,OPtlENT H1!'P.(iVENENTS No. [lJd V1\) 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. -1-- 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~ / / /../ ^,i ( ~7((i(.. (( ((/~(~fC-.- v' CITY ATTOltNEY - --- .. ... /~Y~~'~ IN WITNESS WHEREOF. Owner has executed this agreement as of ~//ry ./ , LJ!/' >2 '7 --;t;; ../ .. .' ...~ L G?l~-?l . G-~;V , / (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 -3- l I I ,.,....;'....':"',::...:'"::,;.~""'.:.:".:.::..,.c.;;.".,\":,.1/;:':.""'..: (~) 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' } ~, r ~ c ~ r ~ .J L C ... . . known to me <;u bscri bed h'i" to be tbe perso~'4bose name lS to the within instrument and acknow!edged that ex<<:uled the same, ~ WITNESS my hand and official seaJ. Signature ,/-) , ~~ fl~a '. 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 ~..y=.-;=::::~~~~,:,-~"&,,,,,,,,---",,:::,_~",,,-=::;::o.-...;:.. \ (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 -1- Oft-Site Storm Drain Fee .1 939;'.I,GE40a 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. -2-