Construct Land Development Improvements - Piedmont, Richard and Margaret - No. 88-54
~o FEE PER GC SEC 27383
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CITY OF GlIROY
7351 Rosanna street
Gilroy, California 95020
NO FEE
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AGREEMENT BY a-mER OR HIS SUCCESSORS IN :INrERFSr 'IQ'.,~,:! ~~ l.::: 'j =
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CUNS'IRUcr lAND DEVEID:EMENT IMPROVEMENTS
No. 88-54
K 8':1 9PAGE215 a
Project Identification: Am 841-07-052
This is an agreement between the City of Gilroy, hereinafter referred
to as "City", and Richard and MarQaret Piedmont
hereinafter referred to as "OWner".
WHEREAS, OWner of the property described in Exhibit A, wishes to defer
construction of pennanent irrprovements" and City agrees to such defennent
provided OWner (or SUccessor in interest) agrees to construct irrprovements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations! is a"1
instnnnent affecting the title or possession of the real property described
in Exhibit A. All the terns, covenants and conditions herein imposed shall
be binding UIX>n 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 terns of this agreement shall apply separately to each parcel and the
owner of each parcel shall succeed to the obligations irrposed on OWner by
this agreement.
II. STREEI' AND DRAINAGE IMPROVEMENTS
A. City and OWner agree that the irrprovements set forth in this
section may be deferred because:
Improvements are not needed at this time.
B. OWner agrees to construct the irrprovements as described in the
attached stipulations on or adjacent to the property described on Exhibit A
as well as required off site irrprovements in the manner set forth in this
agreement. '!he irrprovements listed are urrlerstood to be the minimum
requirements forseen at this time. Improvements shall include all items
necessary to provide a complete operational facility including all
appurtenances in confonnance with current city standards in effect at the
time of const."':Uction.
C. When the City Director of Public Works detennines that the reasons
for the defennent of the irrprovements as set forth in Section II - STREEI'
AND DRAINAGE IMPROVEMENTS no longer exist, he shall notify OWner in writing
to connnence their installation and construction. '!he notice shall be mailed
to the current owner or owners of the land as shown on the latest adopted
county assessment roll. '!he notice shall describe the work to be done by
owners, the time within which the work shall connnence and the time within
which the work shall be completed. All of any portion of said irrprovements
may be required at a specified time. Each owner shall participate on a pro
rata basis in the cost of the irrprovements to be installed. If owner is
obligated to pay a pro rata share 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 'mE IDRK
OWner agrees to perfonn the work and make the payments required by
City as set forth herein or as mcxlified by the City Council. OWner shall
cause plans and specifications for the improvements to be prepared by
~tent persons legally qualified to do the work and to submit said
irrprovement plans and specifications for approval prior to commencement of
the work described in the notice and to pay city inspection fees. '!he work
shall be done in accordance with city standards in effect at the time
irrprovement 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 notify the City at least 48 hours prior to
start of work. In the event OWner fails to construct any irrprovements
required urrler this agreement, city may, at its option do the work and
collect all costs from OWner. Pennission to enter onto the property of
OWner is granted to City or its contractor as may be necessary to construct
such irrprovements.
IV. JOIN!' <XX>PERATIVE PIAN
K 849PAGE2154
OWner agrees to cooperate UIX>n notice by City with other property
owners, the City and other public agencies to provide the Improvements set
forth herein urrler a joint cooperative plan including the fonnation of a
local irrprovement district, if this method is feasible to secure the
installation and construction of the improvements.
v. REVIEW OF REX:mREMENTS
If OWner disagrees with the requirements set forth in any notice to
conunence installation of irrprovements 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 UIX>n both City and
OWner .
VI. MAINI'ENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those irrprovements 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 City Council.
OWner agrees to provide any necessary temporary drainage facilities,
access roads or other required irrprovements, to assume responsibility for
the proper functioning thereof, to submit plans to the appropriate City
agency for review, if required, and to maintain said inprovements and
facilities in a manner which will preclude any hazard to life or health or
damage to adjoining property.
VII. OONOO
Prior to approval of improvement plans by the City, OWner may be
required to execute and deliver to the City a faithful perfonnance bond and
a labor and materials bond in an amount and fonn acceptable to City to be
released by the City Council in whole or in part UIX>n c::cJIrPletion of the work
required and payment of all persons furnishing labor and materials in the
perfonnance of the work.
VIII. INSURANCE
OWner shall maintain, or shall require any contractor engaged to
perfonn the work to maintain, at all times during the perfonnance of the
work called for herein, a separate policy of insurance in a fonn and amount
acceptable to City.
IX. INDEMNITY
'!he OWner shall assume the defense and indenmify and save hannless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injillY "including death" to persons or damage to
property suffered through any act or omission, including passive negligence
or act of negligence, c,r both, of the ~ner, his employees, agents,
contractors, sub-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 defennent of pennanent drainage facilities or the adequacy, safety,
use or non-use of temporary drainage facilities, the perfonnance or non-
perfonnance of the work.
'!his 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 of its agents, servants or independent
contractors who are directly responsible to the City.
IN wrrnESS WHEREDF, City has executed this agreement as of February 6., 1989
IN wrrnESS WHEREDF OWner has executed this agreement as of ,!I,!B1
~ tfraAf~~
~~~~.
('!his document to be acknowledged with signatures as they appear on deed of
title)
OF CALIFDRNIA
CXXJNTY OF
On this ~~ 1 ~ day Ar 10./ t..1 4a..
hurrlred and .J;"1.4:H~ ,/\/ I All!',
state of Califorma, duly sworn
known to me to be
executed the within ins
acknowledged to me
IN WHEREDF I have hereunto set my hand and aff the
offic' seal of the City of Gilroy in the County of Santa Clara
year in this certificate first above written.
the year one thousand nine
ic, City Clerk, City of Gilroy,
ly appeared
described in and that
f therein named, and
the same.
ton
ci~' Clcr]r, City of silroy, state vI Cal.iIuull.d.
per civil Cede Soo. 1181; COVCFllHlCl1t Code Cee. 40814
ACKNOWLEDGEMENT
State of California
SS
County of Santa Clara
On this 31st day of January, 1989 before me, Marjorie
Fuller, a Notary Public in and for said County of Santa Clara,
State of California, personally appeared RI6HARD PIEDMONT and
MARGARET PIEDMONT known to me ~r proved on the basis of satisfactory
evidence to be the person~t~~les are subscrib ed to the within
instrument and acknowledged to me that they executed the same as
owners.
OFFICIAL SEAL
MARJORIE RJUlER
NOTARY PUBLIC - CAlIF'ORNIA
SiANTACl.ARA COUNTY \
My comm. expires SEP 7, 1991 !,
in and for the
nta Clara State of
California.
~II:"~~~
CITY OF GILROY
DEYEWHmNr CDST saIEDULE
No. 88-54
Date 12-14-88
Initialed NSA
IDeation of Property_440 Lewis street
Assessor's Parcel No._841-07-052
K 84 9 PuGF 21 ;J 6
Name of Applicant
Richard and Marqaret Piedmont
440 Lewis street, Gilroy, CA 95020
Address
Type of Deve10pnent Proposed Parcel Map
Area
4.77 acres
stonn Drain Area "C"
street Frontage
187.5 feet on Lewis, 380.63 feet on Roqers & Hoover ct.
Special Public Works services
100-2600-3-600400 $
949.54
Engineering Map Check
Final Maps $333.00 + $44.40/lot
Parcel Maps $416.25 + $34.41/lot
$
553.89
4 number of lots
Miscellaneous Engineering services
$
273.06
_6 hours x $45. 51fhr
Public Works Microfilming (Maps and Plans) $_
1 - 6 sheets $117.59 + $5.00/sheet
7 -12 sheets $150.26 + $5.00/sheet
13-18 sheets $182.93 + $5.00/sheet
122.59
2 number of sheets
Wood Pole Mounted Electrolier
$_N/A
FE' @ $8.58/FF
Engineering Plan Check and Inspection
100-2600-3-600412 $ N/A
Cost of Public !q;)rovements
10% of first $100,000 =
8% of $100,000-$200,000 =
7% of aver $200,000 =
(SUbject to change based on actual cost.)
$-
stonn Developnent Fee
Area "A" $2,016.07/Acre 220-2640-3-680200 $
Area "A-1" $4, 018. 85jAcre 220-2640-3-680201 $
Area 'IB" $1,888. 45/1\cre 221-2641-3-680200 $
Area "'" $3,216.01jAcre 222-2642-3-680200 $ N/A
Area '11)I' $1,994.71/1\cre 223-2643-3-680200 $
Area ''EI' $1,502.76/Acre 224-2644-3-680200 $
Area ''I'" $2,775.22jAcre 225-2645-3-680200 $
Area ''Q'' $2,523. 14/1\cre 226-2646-3-680200 $
_Acres @$_ /1\cre
K849PAGE2157
STIRJIATIONS 'IO AGREEMENT 'IO CDNS'IRUcr IMPROVEMENTS
No. 88-54
Improvements required by the City Department of Public Works are as
generally described belov.r:
1. curt> and gutter.
2. sidewalks.
3 . Driveways.
4. street grading, base and paving.
5. Stonn drainage facilities.
6. Erosion control plantings and facilities.
7. Electroliers.
8. UndeIgrOUl1d conduit with wiring and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. street trees and other irrprovements 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 detennined by the
Department of Public Works of a stonn drainage or street
irrprovements which has been, or is to be, provided by OWner and
others where such facility benefits the property described in
Exhibit A.
NOI'E: Fees are payable at the rate in effect at time of payment.
14. Engineering and inspection and plan check. fees.
15. Sanitary sewage facilities.
16. Water system including valves, hydrants, booster stations and
reservoirs .
17. Undergrourrling utilities.
18. others. (Describe belov.r.)
Parcels 1 and 3 (urrleveloped) will be subject to the payment of fees
for the reimbursement of the cost of water and sewer mains as well as all
other fees as development occurs. '!he cost of the street irrprovements and
the stonn drain in Iewis street have been paid. No sewer allocations are
available nor have any allocations been paid for previously.
Parcel 2 (developed) is not subject to any additional fees for the
existing development. '!his parcel has an existing water and sewer
allocation for one single family residence.
Parcel 4 (urrleveloped) is subject to all reilnbursements and fees as
specified in this agreement as development occurs. No sewer allocations are
available nor have any allocations been paid for previously.
'!he Temporary Easement for Ingress-Egress and Olannel Maintenance is
for the purpose of accessing and maintaining the Miller Slough channel.
Page 1 of 2
K'84 9P~Gf2158
STIIUIATIONS ill AGREEMENT ill CDNS'IRUcr IMPROVEMENTS
No. 88-54
It is anticipated that future development of Parcel 4 will require some
modification to the size, configuration, and/or location of this easement.
It is also possible that the need for the easement may be reduced or
eliminated by piping the channel. '!he City agrees to work with the
owner/developer at the time of development to reduce the illlpact of this
easement on Parcel 4.
SIGNED tAtU41fa/~ '^'
,
Page 2 of 2
, .
-"
K849paGE2159
Front Foot Chal:qes
Water -
inch diameter
230-2636-3-680400 $ N/A
FF @$_ _FE
sewer - inch diameter 230-2636-3-680500 $ N/A
FF @$ FF
street Improvements 230-2636-3-680600 $ N/A
Pavement SF @ $ /SF = $
CUrb , gutter FF @ $12.36/FF = $
sidewalk SF @ $ 3.81/SF = $_
Gal. Pole
Electrolier
, Conduit FF @ $ 8.58/FF = $
Fire Hydrant
Resident FF @ $ 2.83/FF = $
carm , Ind. FF @ $ 3.78/FF = $_
stonn Drain - inch diameter 230-2636-3-680700 $ N/A
FF@ $_ IFF
sewer Developnent Fee 705-2662-3-671000 $ N/A
units @ $1,308.00jUnit (Res)
Gals. @ $547.00/100 GPO (oammvInd)
Water Developnent Fee
725-2772-3-695000 $ N/A
units @ $1,075.00jUnit (Res)
_Gals. @ $1,123.00/1000 GPO peak (oammvInd)
Construction Water 720-0433-3-690000 $ N/A
FF @ $0.67/FF + Acres @ $43.19jAcre
Fire Hydrant Location Fee 720-0433-3-692000 $ N/A
$34.77 for the first 5 hydrants
+$ 3.48 for each additional hydrant
Public works cash Bonds and Deposits 801-2680-3-680000 $ N/A *
other $
other $
TOTAL DUE CITY $ 949.54
HJTE: All deferred and/or estimated fees will :be adjusted to the rates in
effect at the time buildiD] PenDi.ts are issued.
· Not iDcJ.uded in total.. AI! ~ .
Accepted by: ~'t#tJ4E/ ~
Date: //~/~r