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Construct Land Development Improvements - Mulch, Charles (2) .3.23 E 437:)~G: 167 E 437p~GE 167 6350759 FJlEOFOR..;h.~ ~E~T~ ArR Z3 il19 Ml'79 ~ NO FEE. GC Sec. 6103 CITY OF GILROY 7390 Ros~nna Street, P. n. Box 66 Gilroy, California 95020 Of:FIClt.L REOOFW$; SMff:d':iLARA COUtUY) GEOF,:(3[ ::. MMW REGI~nRI.R m;:COROER,; AGREEr~nn BY mINER OR HIS SUCCESSORS IN INTEREST TO conSTRUCT LAND DEVElOPflENT mPRf)VEr1P~TS \)~ Project Identification: 790-16-05 This is an aqreement between the CITY OF GILROY, hereinafter referre'l. to RS Jlei ty", an1 Charles Mulch herei nafter referred to as "a\IJn~rll. !1HEREAS, Ol'mer desires to subdivide or develop the property described in Exhibit ^ and wishes to defer construction of permanent improvements and City agrees to slJch deferment provided O...mer agrees to construct improvements as herein provided. NO'!, THEREFORE, IT I S AG~EED: 1. AGREEriENT SrrmP1G en SUCCESSORS rl INTEREST This agreement, toqether with thA attached stipulations, is an instrument affectinq the title or possession of the real property described in Exhibit A. Ail the terms, convenants and conditions h~rein imposed shall he binding upon and inure to the benefit of the successors in interest of Oymer. Upon the sale or division of the property described in Exhibit ,0... the tems of this agreement shall apply separately to each parcel and the O\\mer of each parcel shall succeed to the obl iqations impos~d on 01"./np.r by this agreempnt. 11. STREET AND DRAHlAGE H1PROVH1HlTS A. City and Own~r aqree that the improvements set forth in this section may be deferred hecause: Improvements are inappropriate at this time. E 437i)~GE 168 B. Owner agrees to construct the following imorovements on the property described in Exhibit A as well as required off site imorovements in the manner set forth in this agreement: Improvements required by. the City Department of Public Horks as generally described below. (Cross out improvements that are not requ ired. ) I. Curb and gutter 2. Sidewalks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities 6. Erosion control plantinos and facilities ~***~li~~~~~~~ %~XX~~K~~~~~tx~~t~~~~~~~~~~~~x~~~~~~~~~~ ixxxiaRRk~a<<<<~xa~tx<<~<<~xXm~~<<~<<~ksx~<<<<<<<<<<xRa~x~~axik~xsax<<~~ kQxxx~~~~~x~~~~xa~~x~~<<RX~~~<<X~<<~t~x~<<mK<<<<~x~<<x<<~~kxa~t ~R~~~R~)(xkkct~x kkxxx~~~~x~k~~~ ki<xxx~~~~ll~~~kx~k~kkMXR~~s:~xs:k\lt~s:xa~~xlltkkkkkk<<s: 13. Payment of a pro rata share of the costs as determined hy the Department of Public Works of a storm drainage or street improvementi which has been, or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A 14. Engineering and inspection and plan check fees J&XXX$:~kK~f<Y<~~xf<~kkkK~ k&xx~1Ie:~~m:m:x c. When the City Director of Public WO~k5 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 installation and construction. The notice shall be mailed to the current owner or owners of the land as shown on the latest adooted 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. Allor any portion of said im- provements may be required at a specified time. Each owner shall oarticipate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility orovided by others. the notice shall include the amount to be paid and the time when payment must be made. III. PERFORMAtICE OF THE HORK 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 olans 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 aoproval 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 aqrees 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, City may, at its option, do the work and collect all the costs from Owner. Permission to enter onto the -7.- E 437r)j"~E 169 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 ~rcperty cwners, the City and other public aqencies 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 disa9rees 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 riQhts of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary temporary drainage facIlities, ascess road 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 damaoe to adjoininq prooerty. "II. BO~!OS Prior to approval of improvement plans hy the City, Owner may be required to execute and deliver to the City a faithful performance bond and ~ labor and materials bond in an amount and form acceptable to City to be rfleased "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. I X. t NOEMN !TV 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 onission, includinq passive neo,ligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub- -3- E 437;).~G: 170 contractors, or anyone dIrectly or Indirectly 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 o. its agents, servants or Independent contractors who are directly responsible to the City. IN WITNESS ~MEREOF, City has executed this agreement as of April 16, 1979 ATTEST: CITY OF GilROY Jff~t /CI~y I erk. ~ r )f~d:!~ Mayor ../' , <!P ~. ~. I IN WITNESS WHEREOF, Owner has executed this agreement as of 11th April 1979 ~t- t1,~~. / (This document to be aoknowZedged ~ith signatures as they appear on deed of titZe) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) On th i s 11 th day of April nine hundred and seventy-nlne Steinmetz , a Notary Public, City California, duly sworn, personally appeared known to me to be the person executed the within instrument on ledged to me that he in the year one thousand , before me, Susanne E. Clerk, City of Gilroy, State of Charles A. Mulch described in and that he behalf therein named, and acknow- executed the same. nls 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 thi,$ c;.&rtJficate first above written. ,.: -4- CITY OF GILROY E 437p.~GE 171 DEVELOPi1ENT COST SCHEDULE floe Date Initialed Location of property Ronan Ave. -~....... ' Assessor's Parcel # 790-16-05 Name of Applicant Charles Mulch /\ Address New Address 370 Ronan Avenue Type of' Development Proposed Area 0.076 Ac. "R-l11 Storm Zone B $624 Frontage 47.16 A.D. = Installed by Assessment District COST SCHEDULE 1. Front Foot Hater Charges LF @ IF. F. = $ A. D. 2. Front Foot Sewer Charges A. D. LF @ IF.F. = $ 3. Front Foot Storm Charges LF @ I~.E. - $ Deferred I ~ 4. .- Front Foot Street Improvements . 9 x 47.16 SF @ .64 / S. F. = .$ 271 .64 5. Front Foot curb & gutter charges ... IF @ / = $ 6. Area Hater Charge .076 Acres @ $1006 lAc. = $ 76.46 7. Area Offsite Storm Drainage Fees E 437i).~G: 172 .076 Acres (' $624 /Acre = ~ 47.42 8. Offsite Sanitary Sewer Fees r;) $550 / = $ With/Building Permit 9. Rect'cation Fees / = ~ With/Building Permit '..) @ 10. Engineering Plan Check & Inspection 4% x = ~ ll. Uatcr i1eter Cha rge 1" [Jeter (1 12. [1 ectrol-ir.rs LF @ 13. Fire Hydrants LF @ 14. Construction Uater /LF + "/ Ac re = 15. Street Trees @ = $ With/Building Permit = $ = ~ $ 20.00 = $With/Buildinq Permit 16. 17. ~ = $ Total = $ 415.52 STiPULATIONS -2-