Construct Land Development Improvements - Powell, Alfred & Norma
NO FEE per GC Sec. 6103
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Susanne E. Steinmetz,City
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
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Clerk
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPt1ENT IMPROVEMENTS No.
85-52
Project Identification: Asc::pssnr's Parc:pl _ Nn
7QO-07-0n?
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This is an agreement between the City of Gilroy, hereinafter
referred to as "City">> and Alfred and Norma.1 Pnwp 11
hereinafter referred to as "Owner".
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WHEREAS>> Owner of the property described in Exhibit A, wishes to defer
construction of permanent improvements and City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
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NOh, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement>> together with the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A.
All 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
to the obligations imposed on Owner by this agreement.
II. STREET AND DRAINAGE IMPROVEHENTS
A. City and Owner agree that the improvements set 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
in the manner set forth in this agreement:
Improvements required by the City Department of Public Works as generally
descri bed below. (Cross out improvements that are not required.)
1 . Cu r band gu t t e r .
2. Sidewalks.
3. Dr! veways .
4. Street grading, base and paving.
5. Storm drainage facilities.
6. Erosion control plantings and facilities.
7. Electroliers.
8. Underground condui~ with wiring and pull boxes.
9. Barricades and other irrprovementB needed for traffic safety.
10. Street trees and other improvements between the curb and propert:
line.
11. Street signs.
12. Relocation of existing fences, signs and utilities.
13. Payment of a pro rata share or the costs as determined by the
Department of Public Wc:-l(S of a stanD drainage or street improvements
which ha:-< been. or is to be. provided by Owner and others where such
facility benefitti the property described ~n Exhibit A.
NOT::: Fees are payable at the rate in effect at time of peyment.
14. Engineering and iOGpection and plan check fees.
15. Sanicary sewag~ facilities.
16. Water sy~tem.
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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 owner or owners of the
land as shown on the latest adopted 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. All of any portion of said
improvements 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 facility 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 required by City
as set forth herein or as modified by the City Council. Owner shall 'cause plans
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 approval prior to commencement of the work descrihed 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 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 improvements required under this agreement, City IMY, 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 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 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 rights of way or easements dedicated and accepted by resolution
of the City Council.
Owner agrees to provide any ne~essary temporary drainage facilities, access roads
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 damage to adjoining property.
VII BONDS
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 a lahor and materials
bond in an amount and form 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.
VII:
INSURANCE
Owner shall maintain, or shall require any contractor engaged to perform the work
to maintain, at all times during tile performance of the work called for herein, a
separatL pollcy of insurance in a form and amount acceptable to City.
IX INDEtirl I TY
The Owner shall assume the clcfense and indemnify ane; save harmless the City. its
officers, agents and elT';>loYl"l'>, frolL every expense, liability or payment by reason of
injury "including death" to persons or damaf\e to property Buffered throui:h any act or
J 425 PAGE 892
omission, including passive negligence or act of negligence, or both, of the OwneJ:, his
employees. agents. contractors, suL-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 or its agents>> servants or independent contractors who are directly
responsible to the City.
IN WITNESS WHEREOF>> City has executed this agreement as of
August 5, 1985
ATTEST:
CITY Of GILROY
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CITY ADHINI. ~ R ROTEM1:'OKE
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IN WITNESS WHEREOF, Owner has executed this agreement as of
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CAT. NO, NN00627
TO 1944 CA (1-83)
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( Individual)
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STATE OF CALIFORNIA
COUNTY OF ~~JJ.ta C1 ;;Jr~
On J U 1 Y 29, 198 5
said State, personally appeared
(I TICOR TITLE INSURANCE
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before me, the undersigned, a Notary Public in and for
Alfred R. Powell and Norma J. Powell
of title)
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, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person~whose name 5 are subsc~bed to the
within instrument and acknowledged that t ey exe-
cuted the same,
WITNESS my hand and official seal.
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Signature "{ tJ~ //{ .' /' 1/kL..:J /,7. '4/
UNl M. !{UVbLL
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usand nine
Gilroy,
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(This area for official notarial seal)
and
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IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of th~ City of Gilroy in the County of Santa Clara the day and year in
this cectificate first above written.
City Clerk, Citv of Ginoy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40514
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EXHIBIT "A"
POWELL AGREEMENT
CITY OF GILROY
No . 8 5 - 5 2
DEVELOPME~T COST SCHEDULE
Date 7-19-85
Initialed S.D.-L.
Location of Property West side of Mnnt-prpy Rnrir'1 approximatelv
Assessor's Parcel 4ft 790-07-002
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240 feet North of Farrell Ave.
Name of Applicant Alfred and Norma J. Powell
Address
Type of Development Proposed Parcel Split
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Area 7.993 Acres Storm Drain Area "B"
Street Frontage 384.29 feet o~ Monterev and 385.70 feet on Church'St.
Special Public Works Services
01-100-1100-600400
$ 156.00
Engineering Map Check
Subdivisions $190.00 + $3.00/10t
$ 89.00
Parcel Splits $83.00 + $3.00/10t
2 number of lots
Miscellaneous Engineering Service
S 62.00
2 hours x $31.00/hr
Public Works Microfilming (Maps and Plans)
$ 5.00
1 sheets x $5.00/sheet
Wood Pole Mounted Electrolier
$ n/a
FF @ $5.00/FF
Engineering Plan Check and Inspection
01-100-1100-600412
$ Deferred
5% of the Cost of Public Improvements
5% x $
Storm Development Fee
Area "Q"
$2,310.00/Acre
02-220-1300-720200 c:
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02-220-1300-720201 $
02-221-1300-720200 S Deferrej
02-222-1300-720200 S
02-223-1300-720200 $
02-224-1300-720200 $
02-225-1300-720200 $
02-226-1300-720200 $
Area
11,.11
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Sl,850.00/Acre
Area "A-I" $3,680.00/Acre
Area "B" $1,640.00/Acre
Area "c" $2,770.00/Acre
Area "D" $1,770.001 Acre
Area "E"
$1,350.00/Acre
Area "F"
$2,400.00/Acre
Acres @$
/Acre
AcreE: @S
/Acre
';,
Front Foot Charges
FF @$
02-:30-1300-720400 S Deferred
IFF
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02-:30-1300-720500 S Deferred ~
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IFF <:.r!
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02-230-1300-720600 $Deferred c-,
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SF @ S ISF t= $ Deferred 00
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FF @ S10.87/FF t= S " 0'-'
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SF @ $ 3.1l/SF t= S "
FF @ $ 5.00/FF t= $ "
FF @ $ 2.54/FF ::: S "
FF @ $ 2.85/FF ::: S "
02-230-1300-720700 S Deferred
IFF
water
FF @$
Sewer
Street Improvements
Pavement
Curb & Gutter
Sidewalk
Gal. Pole
Electrolier
& Conduit
Fire Hydrant
Resident
Comm bInd.
Storm Drain
FF @$
Sewer Development Fee
07-705-1300-720100
S Deferred
Water Development Fee
07-725-1300-720300
S Deferred
Units @ S815.00/Unit
Gals. @ S850.81/1000 GPD peak
Construction Water
07-720-1900-800100
S Deferred
FF @ $0. 50/FF ~
Acres @ $20.00/Acre
Fire Hydrant Location Fee
07-720-1900-800300
S Deferred
$31.00 for the first 5 hydraLts
~$ 3.00 for each additional hydrant
Public works Ca$h Bond$ and Deposits
Mylar
06-800-1100-600400
S
9.00
Other
s
TOTAL DUE CITY
S 165.00
NOTE: (1) All deferred fees are paya~le at the r~te :In effect at time of payment.
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Accepted by<A/[~~CnJ A Il~4.,Pl
Date: 7~ 2 '-) J ,T,)-
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