Loading...
Construct Land Development Improvements - Nielsen, Melvin and Sally NO FEE per GC Sec. 6103 1'884480 crTY OF GILROY I 065~)~t;::67B 7351 Rosanna Street Gilroy, California 95020 AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS NO.--.!U....-4L. Project Identification: Assessor's Parcel #s 841-10-0191 0221 024 & 040 This is an agreement between the City of Gilroy, hereinafter referred to as "City", and MELVIN and SALLY NIELSeN ht:.ceinafter referred to as "Owner". WHEREAS, Owner of the property described in Exhibit A, wishes to defer construction of permanent improvel~nts and City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: I AGREEHENT BINDING ON SUCCESSORS IN :TEREST This agreement, together with the ached stipulations, is an instrument a':fecting the title or possession of the real property described in Exhibit A. A..l 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 Exhibit A, the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed t to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: these fees and improvements 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 in the manner set forth in this agreement: Improvements required by the Ci ty Department of Public Works as generally described below. (Cross out improvel~nts that are not required.) , 1. Curb and gutter. 2, - -~i~wa.J..k.&. 3. Dri veways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion control plantings and facilities. 7. Electroliers. 8. Underground conduit with wiring and pull boxes. 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, signs 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 improvements which has been, or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A. NOTE: Fees are payable at the rate in effect at tlme of payment. 14. Engineering and inspection and plan check feed. 15. Sanitary sewage facilities. 16. Water system. lOGS ;)~.Gi G84 ,884480 fiLED fOR REGOH9 IT !)""'Ul"c'''' OI:IA.u "'. "cu ::r'~. N~9 \~ 'al 0:) Ii f1 t~ f1 :"t ~'i. :.'fF:r\ nCCOHDER r O~ ~:)J~ icY18 I 065?~t: G80 , I C. When the City Director of Public Works determines that the reasons for the deferment of the improvements 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 ownec or owners of the land as shown on the latest adopted county assessment coIl. 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 ownec shall participate on a pro rata basis in the cost of the improvements to be installed. If owner ib obligated to pay a pro rate shace 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 cequired by City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements tf be prepared by competent persons legally qualified to do the work and to s lit said improvement plans and specifications for approval prior to comm ,ement of the work described in the nf)':ic~ and to pay city inspection fees. . ';l' work shall be done in accocdance w:_':h city standards in effect at the time Iprovement plans ace submitted for a;)proval. Owner agrees to commence and complete the wock within the time specified in the notice given by the Directoc of Public Works and to notify the C} ty at least 48 hours prior to start of work. In the event Owner fails to construct any improvements required under this agceement, 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 format ion 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 ar.d are installed within rights of way or easements dedicated and accepted by resolution ot the City Council. Owner agrees to provide any necessary temporary drainage facilities, access roads or other required improvements, to assume responsibi lity 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. VI I 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 focm 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 requir'" any contractor engaged to perform the work t(, maintain, at all times during the perf( ,uance of the work called for herein, a separate policy of insurance in a form an, mount acceptable to City. l~~,' 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 " I OGS~~n 681 o~is8ion, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub-contractors, or any one dire~tly 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 t~mporary 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 -"rom the sole negligence or willful misconduct of the City or its agents, servants or iT 'pendent contractors who are directly responsible to the City. IN WITNESS WHEREOF, City has executE this agreement as of ' November 7, 1983 ATTEST: CITY OF GILROY '~--'Y U<J {VVrw-J ~ CITY CLERK i it-.,-,-_., ",' ?' ,_y (>;Z~ AS TO FORM IN WITNESS WHEREOF, Owner has executed this agreement as of 7th __?ay of November, 1983 ~ ~J~-1. -.> (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )8S. COUNTY OF SANTA CLARA ) On this 7th day of November in the year one thousand nine hundred and eighty-three ,Notary Public, City Clerk, City of Gilroy, State of California, duly sworn, per!0nally appeared Melvin E. and Sally L. known to me to be Nielson I described in and that they executed the within instrument on their behalf therein named, and acknowledged to me that they 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. , () -~~ ~j' ... ity'C1erls; per CivilCoQe \ "'S.... Gilroy J State of 1181; Government -3- I06Si'!GEG82 CITY OF GILROY DEVELOPMENT COST SCHEDULE No. 83-40 Da tel 0 - 2 8 - 8 3 Initialed SD-L Location of Property East side of Renz Lane approximately 1200 feet north of Pacheco Pass Hiqhway Assessor's Parcel U 841-10-019, 022, 024 and 040 Name of Applicant }lliLVIN and SALLY NIELSON Address Type of Development Proposed Parcel Merqe Area 2.892 acres Storm Drain Area "D" Street Frontage 370 feet 9(,;, fJ=f.00 Eng~neering Map Check o 00-1100-6004-11 $ Subdivisions $ +$ (n) Parcel Splits $ 87.00 +$ 3.00 (n) n== number of lots 3 lots Engineering Plan Check and Inspection 01-100-1100-6004-12 $ Deferred 5% of the Cost of Public Improvements 5% x $ n/a Miscellaneous Engineering Service 01-100-1100-6004-13 $ hours x ( ) Public Works Microfilming 01-100-1100-6004-14 $ 5.00 $5.00 per sheet (maps and plans) x 1 sheet Fire Hydrant Location Fee 07-720-1900-8001-00 $ n/a $ for the first 5 hydrants +$ for each additional hydrants Are~ Water Charge 03-300-1300-7203-00 $ Deferred Acres @$ /acre Acres @$ /acre Construction Water 07-720-1900-8001-00 $ Deferred LF @$ /LF+ Acres @ $ /acre -1- I 06St~t.tG83 fAcre 02-220-1300-7202-00 $ /Acre 02-220-1300-7202-01 $ /Acre 02-221-1300-7202-00 $ /Acre 02-222-1300-7202-00 $ /Acre 02-223-1300-7202-00 . $ Deferred /Acre 02-224-1300-7202-00 $ /Acre 02-225-)300-7202-00 $ /Acre 02-226-1300-7202-00 $ /Acre /Acre . OU--Site Storm Drain Fee Area "Au $ Area "A-I"S Area "B" $ Area flC" $ Area "D" S Area "E" S Area "Fit $ Area ttQ" $ Acres @$ Acres @$ Front Foot Charges Water LF @$ Sewer LF @$ Storm Drain 02-230-1300-7204-00 $ Deferred /LF , , 02-230-1300-7205-00 $ Deferred /LF 02-230-1300-7207-00 $ Deferred LF @$ /LF Curb & Gutter LF @$ Sidewalk SF @$ Gal. Pole Electrolier LF @$ Electrolier Conduit LF @$ Fire Hydrant LF @$ 02-230-1300-7207-00 $ Deferred /SF=$ /LF=$ /SF=$ /LF-$ /LF-$ /LF-$ 01-100-1100-6004-00 $ Deferred /LF 08-800-1100-6004-02 $ S $ (",. Street Improvements Pavement SF @$ Wood Pole Uounted Electrolier LF @$ Public Works Cash Bonds and Deposits Other Ot ler TOTAL $ 101.00 NOTE: All deferred fees are payable at the rate in effect at time of payment. -2- \ \ // ~\ ... ~/ / ~~\ 0. \~~//\\ . o \ ./ / .. /./-;;.~/' \, yr I 065;).~sI 679 /' // .//J /~ -,/../~_/;--;-;. \ \ \ \ Ronan /~:/ / // / - - ------ -~ ~ ----- ---~ --- - /.// // / / / /,/ // ./// P \-. ". __'~ ~~~\ ~ ~,('f\\ ~ ' , V ~:.'" \ // / /~,...// // PACHECO ,// /1SASS \ ..... \ ......- \/ ~~~-.:::-,.; / // 285/45 EXHIBIT A MELVIN and SALLY NIELSON AGREEMENT