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Construct Land Development Improvements - Smolen, Joel R. FlLEOFOR tlEOORD , . AT REQUEST OF ~ ~ ~ ~- / JUN '4 4 ~3 PM tB2 OFFlOIAL RECORDS 'fO SAH1A Ol.AR^ COUNTY Cf:'ORGE A. MAlHi REGISTRAR RECORDER NO FEE per GC Sec. 6103 . .. G841 PAGE 605 r CITY OF GILROY 7351 Rosanna Street, P. O. Box 66 Gilroy, CA 95020 AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS projct Identification: APN *841-15-51 This is an agreement between the CITY OF GILROY, hereinafter referred to as "City", and Joel R. Smolen and Dennis McLaughlin, hereinafter referred to as "Owner". 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 his successor in interest) agrees to construct improvements as herein provided. NOW, 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, covenants 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 IMPROVEMENTS 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 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 are generally described below. 1. Driveways. 2. Storm drainage facilities. 3. Erosion control plantings and facilities. 4. Street trees and other improvements between the curb and property line. 5. 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 Ex h i bit A . C. When the City Director of Public Works 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 adopted county assessment roll. The notice shall describe the work to be done by owners, the time of commencement, which shall be no sooner than 60 days after said notice is mailed, and the construction time which shall be no less than 180 working days from date of commencement. Allor any portion of said improvements may be required at a specified time. '7388822 223' ReC. feE b trr ' .,.. UEI SMPF GB41 PhGE 60'6 Each owner shall participate 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 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 required by the City Council as set forth herein. 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 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 the, improvement plans are submitted for approval. Owner agrees to commence and complete the work within 180 working days and to notify the City at least 48 hours prior to the start of work. In the event Owner fails to construct any improvements required under this agreement within the specified time City may, at its option, do the work and collect all the 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 and necessary 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. .' GB41 PAGE 607 VII. 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 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. 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 as follows: Workers' Compensation and Employer's Liability; not less than one million dollars ($1,000,000). Public Liability Insurance and property Damage Insurance; One million dollars ($1,000,000) per occurrence combined single limit coverage. policy shall cover on an "occurrence" basis. The City shall be an additional named insured. 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, including death, to persons or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, 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, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use of or failure of temporary drainage facilities, or the performance of or the failure to perform the work. -. - ,. .'-:,-,r"'~'~,' '~:;..,' ""'-....~-.,~~-..-", ','_' ,-".._, .-~' .,''''',.:.,....''''''~.''''.,.,:~" . G841 PAGE 608 .... ~~".-,...A'.; \ o ..... sc ~,~;'c ~~D ... \~" ...i.l~ ~D. :~. , ',,;. J '. 17" ,.. . , ~~,,~(\';-;.;:;-1J'--: l' - - -:- - - - --=-=-t=.':"-=-~'~3- -t_-=-_ =--=-=---=--::: ".v ?-\ ~ '0 ~ 15\' ~ ~ "\ 1j u ~ ~,~ ~ . r ~~ ~ ~~ \ \ ~ y:. V ~ .y '\~ , ~:9 1111.11 ".)'~'{ ~-:----r- .. \ \ """0 lto~-q,. _ -0 \ s.!' ,'l.,....... .~ ~,If'~ \ .:- ~ t~' "f-" >\"t. '~&' ~'~? ~ .:~/' ~ .,.."-" .,> ~ .;, or' ~'''. r . SOl ~ . 7"- 47 ~ ..... \-.. "'0'-\ "'0 ~' tQa ~\iII"" EXHIBIT "A" Joel Smolen and Dennis McLaughlin Agreement RfiCORDER'S MeMO FAll>4T WRfT/NG Oft OR C;ARe TYI"!IIG ."""" ON COP/E:a / F ~'~R PHOT ~At'.a, (.~6.t OORAPHlC ~~ t" G841 PACE 609 Thi~ p,rovision shall ~ot be deemed to require the Owner to Indemnify the City a~ainst ~h~ liability for damage arising fro~ the ~ole negligence or willful misconduct of the C1.ty or its agents, servants or inde,p~ndent contractors who are directly responSi~le\ to the City. , IN tTrESS \lHEREOF, City has executed this a~reement as of \ .<June' 7, 1982 I I , ATT~i~ :'! CITY OF GILROY v4~-.,J~ / CITY CLERK " " ',: " . t . ! ! /' ~ \ , tL r I l I .~. ,. IN WITNESS lffiEREOF, Owner has executed this a~reement as of June 4, 1982 deed .. (Thi~ document to be acknowled~ed with si~natures as they ST~E OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this 4th day of June in the year one thousand nine hundred and elgnty-two , Notary Public, City Clerk, City of Gilroy, State of California, duly sworn, personally appeared Dennis McLaughlin knownto:~" to be the person described in and that he exeC~~~d\itff~t"i.~hin instrument on hi s behalf therein named, and aC~~~~>71~dge.(i~;'Fi',nle. that . he executed the same. ,f.'; ,,1'.1"\~~;~ ~;....::: IN ,{1t'a'N!tSSI\HHEREOF I have hereunto set my hand and affixed the official . . sial of.f~~;: :c~..ty<~;pf Gilroy in the County of Santa Clara the day and year in ~pis cer'tifi,c,8lt::}first above written. .~ ~r~~q~~~~ Cilroy, State of lifornia per Cf"Vli4'~od~"'Sec. 1181; Govern~ent Code Sec. 40814 .,.... County of Santa Clara ) )55. ) 0841 PACt 610 STATE OF CALIFORNIA On this', 74? day of ;:;- 411(.....> in the year one thousand nine hundred and e'-gh""j _ ~k)i':j , before me, SUSANNE E. STEINMETZ d NQtary Public, ~ty Clerk, City of Gilroy, State of California, duly sworn, personally appeared Set.,,~,.~, ~11. H~ 1...4t.t,t,1:i-, , " . , known to me to be -th L-- . .~ r$.~ descr'ibed in and that _ . r:i>hv. executed the within' instrument on Ju l"'\ behalf therein named, anda.ckt;rowledged to me that '5 h tt.-/ executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official of the City of Gilroy in the County of Santa Clara the day and year in this cate first above written. b. ity Clerk, City of Gilroy, 'State of per Civil Code Sec. 1181; Government STATE OF CALIFORNIA On this hundred and a Notary Public, Ci personally appeared known to me to be hi!-,.! executed the dQd acknowledg.ed to me that in the year one thousand nine We> , before me, SUSANNE E. STEINMETZ cit of Gilr~, St~e of California, duly sworn, ~-t!.. 1\, ':)~ole" described in and that on h;~ behalf therein named, executed the same. County of Santa Clara 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 certiL'cate first above writte . ~ c.ty Clerk, City of Gilroy~ State of C fornia per Civil Code Sec. 1181; Government Code Sec. 40814. .. CITY OF GILROY DEVELOPMENT COST SCHEDULE G841 PAGE 611 Location of Property No. 82- 1 9 Date 5-28-82 Initialed S. D . L. SoJth west corner tif Luchessa Ave and Rossi Lane. Assessor's Parcel # Name of Applicant Address Type of Deve lopment ProposedP arc e 1 S P 1 i t 841-15-051 Joel Smolen and Dennis Mclaughlin Area 10.660 acres Storm Drain II D II Street Frontage N/A +$ 8 0 . 00 +$ 3. 0 0 01-100-1100-6004-11 (n) (n) $ 89.00 Engineering Map Check Subdivisions $ Parcel Splits $ n= number of lots n= 3 lots Engineering Plan Check and Inspection 01-100-1100-6004-12 5% of the Cost of Public Improvements 5% x $ $ N/A Miscellaneous Engineering Service hours x ( ) Public Works Microfilming $5.00 per sheet (maps and plans) Fire Hydrant Location Fee 01-100-1100-6004-12 $ N/A 01-100-1100-6004-13 1 sheet 01-100-1100-6002-01 $ 5.00 $ N/A $ +$ for the first 5 hydrants for each additional hydrants Area Water Charge Acres @$ Acres @$ Construction Water 03-300-1300-7203-00 $ Deferred /acre /acre LF @$ /LF+ 07-720-1900-8001-00 Acres @ $ $ N/A /acre -1- * A.D. = Assessment District -2- TOTAL $ 94.00