Construct Land Development Improvements - Schwabel, Hermann and Irma
NO FEE per GC See. 6103
F 459 ?~~: 40
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CITY OF GIlROY
7390 Rosanna Street, P. O. Rox 66
Gilroy, California
95020
F 459 P~G: 40
AGREEf.1ENT BY OlINER OR HIS SUCCESSORS IN INTEREST TO
COtISTRUCT LAND DEVELOPr1ENT H1PROVD1EfnS
!d~
Project Identification: 1.18 acre at corner of Ronan Ave.
This is an aqreement betW@8A ~~etC~TY ~t. GYlWbl(:~~ief~;if~r#790-15-019)
referre~,to as "City", anti
Hermann and Irma Schwabel
here; nafter referred to as II ""':l~r" .
HUEREAS, O\'Jner desires to subdivide or develop the property
d~scribed in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOll, TIIEREFORE, IT IS AGREED:
1. AGREEtlENT BHIOI"IG Or! SUCCESSORS HI INTEREST
This agreement, toqether with the attached stipulations. is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall be binding uQOn and inure to the benefit of the
successors in interest of ~mer. Upon the sale or division of the
property descr1ted in Exhibit A. the te~s of this agreement shall
apply separately to each parcel and the owner of each parcpl shall
succeed to the obli~ation$ imposed on Ol-mer by this agreement.
11. STREET Arm DRAIUAGE WPROVEt1EHTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
These improvements are inappropriate at this time.
F 459
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41
B. Owner agrees to construct the following improvements on the
property described in 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 "forks as
generally described below. (Cross out improvements that are not
requ I red. )
1. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinas and facilities
7. Electrollers
8. Underground conduit with wirinq and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements between the curh and
property line.
11. Street signs
12. Relocation of existinq fences, siqns 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 improvementi
which has been, or is to be, provided by 0wner and others where such
facility benefits the property described in Exhibit A
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
C. When the City Director of Public Woeks 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 imorovements 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. 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 plans
and specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit said imorovement plans and
specifications for anproval 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 Horks 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
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F 459 r!SE 42
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 ~rcp€rty 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 disa~rees 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.
V I . MA I NTENANCE OF It1PROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section II which are constructed and comoleted in accordance with City standards
and requirements and are installed within riohts 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 aqency 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~IDS
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 ~ 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.
IX. 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 !lincluding death" to persons or damage to property
suffered through any act or onission, includinq passive negligence or act of
negligence, or both. of the Owner, his employees, agents, contractors, sub-
-3-
F 459
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43
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 adequa~y, 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
July 21, 1980
"A,T.Te:SlT:: i
CITY OF GILROY
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IN WITNESS WHEREOF, Owner has executed this agreement as of 16th
day of July, 1980
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(This document to be ackn01J]Zedged with signatures as they appear on deed of titZe)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 16th day of Julv in the year one thousand
nine hundred and eiqhtv , before me, SIIC::rlnnp I='
Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
Cal ifornia, duly sworn, personally appeared Herman & Irma Schwabel
known to me to be the persons described In and that they
executed,th~.withinlnstrument on their behalf therein named, and acknow-
ledgel;f t:o' me ',tt,at they executed the same.
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(~iN' \O{ITNts's' WHEREOF I have hereunto set my hand and affixed the official
s~a I J)f,~lhe City" of G i 1 roy in the Coun ty of San ta C 1 a ra the day and year In
'this'certi'fi,cat'e fIrst above written.
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F 459 i'~s: 44
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EXHIBIT "N1
CITY OF GILROY
F 459 r!SE 4S
DEVELOPMENT COST SCHEDULE
No.
Date
5-6-80
I nit i a I ed
S. L.
Location of property
1.18 AC at corner of Ronan Avenue and Monterey Rn
Assessor's Parcel #
790-15-019
Name of Applicant
Hermann and Irma Schwabel
Address
3550 Whitsell Ave.. Pal~ Alto. Ca g4~06
Type of Development Proposed
R-l
Area
1.18 Acres
Storm Dra i n B
Frontage
336.17' Ronan
195.85' Monterey Rd.
COST SCHEDULE
1. Front Foot Water Charges
Water Existing on Ronan $ Paid
LF @ IF.F. =
2. Front Foot Sewer Charges
Sewer existing on Ronan Paid
LF @ IF.F. = $
3. Front Foot Storm Charges
18'1 Ronan 336.17
24'1 Monterey 195.85 LF @ IF.F. = $ Fees deferred
4. Front Foot Street Improvements
Ronan and Lilly to be reconstructed Improvements deferred
Monterey 2350 SF @ IS. F. = $ Fees deferred
Rd
5. Front Foot Curb & Gutter Charges
Improvements
LF @ I $ Deferred
6. Area Water Charge
1. 18
Acres @
lAc. =
$ Fee Of>fprrpn
F 459
f'!SE
46
7. Area Offsite Storm Drainage Fees
1. 18 Acres @
8. Offsite Sanitary Sewer Fees
$550+ 8 Units @ $380
9. Recreation Fees
@ / =
/ Acre =
$ Fee Deferred
/ unit
=
$ 3590
$ Deferred
10. Engineering Plan Check & Inspection
4% x
=
$ Deferred
II. Water Meter Charge
Meter @
=
$ Deferred
12. Electroliers
LF @
=
$ Deferred
13. Fire Hydrants
LF @
=
$
Deferrf~d
14. Construction Water
/LF +
/Acre=
$
Deferred
15. Streets Trees
@
=
Deferred
16.
17.
=
$
$
$
$
=
3590 1(( 7-11~8b
STIPULATIONS 1.- Street improvements on all three frontinq streets as well as
Total =
water line on Monterey Streetshall be deferred.
2.- All deferred fees payable at the then current rate.
3 - Recreation fees for the nine existing units are waived since these
units were in the city.before the time the fees were established.
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