Construct Land Development Improvements - Tatro, Dave
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CIn or' GILROY
7351 Rosanna Street
Gilroy, California 95020
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPHENT lM?ROVE~fENTS NO._J34~,
Project Identification: Assessor's Parcel #835-01-015
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and
DAVE TATRO
. ..
hereinafter referrecl 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 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 pOcisession of the real property described in Exhibit A.
All the terms, convenants and conditions herein imposed shall be binding upon
ar.d inure to the benefit of the successor:; in interest of Owner. Upon the sale
01: division of the property described in ; , ,ibit A, the terms of this agreement
shall apply separately to each parcel and i. ile owner of each parcel shall succeed
tt) the obligations imposed on Owner by th.!..; agreement.
Ii.. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
Improvements are not appropriate at this time. Owner agrees to
enter into an Assessment District if one should be formed or shall
install improvements if either adjacent parcel is developed.
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 !Danner set forth in this agreement:
Improvements required by the City Department of Public Works as generally
described below. (Cross out improvements that are not required.)
,
1. Curb and gutter.
2. Sidewalks.
3. Driveways.
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 ilnd others whece l:luch
facility benefits the property described in Exhibit A.
NOTE: Fees are payable at the rate in eft ect at time of payment.
14. Engineering and inspection and plan check fees.
15. Sanitary sewage facilities.
16. Water system.
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C. When the City Director of Public \.,To_'bl determines that the reasons
for the deferment of the improvements as set l ~th in section 11,no longer
exist, he shall notify Owner in writing to commellce 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 be 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. PERFORMANCE 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 described in the
notic~ and to pay c~ty 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 olOrk. In the event Owner fails to
construct any improvements required under ::lIis agreement, City may, at its
option do the work and collect all costs rrom 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.
Dwner agrees to provide any 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.
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
f .
Owner shall maintain, or shall requir,e 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 anrl 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 362 ~'!G~ 44'7
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omission, including passive negligence or act of negligence, or ~)_, 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 ~alled for by this
a6reement, 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'
March 5, 1984
ATTEST: /
"
CITY OF GILROY
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APPROVED A~,tO F9Rf'1
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IN wITNESS WHEREOF, Owner has executed this agreement as of
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this 1st day of :March in the year one thousand nine
hundred and Eighty-Four , Notary Public, City Clerk, City of Gilroy,
State of California, duly sworn, personally appeared ChRrlp~ D TRrro
known to me to be ppr~nn described in and that~e
executed the within instrument on 'h;~ behalf therein named, and
acknowledged to me that hp executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the COlnty of Santa Clara the day and year in
this certificate first above written:
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City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
1362 :'.~8.E449
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EXHIBIT A
DAVE T
ATRO AGRE .
, EMENT
.
I~G~ :''.1 r."" "r-o
U .1fitI ." ._~ ':'!.t~ .
.,
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
No. 84-4
Date 2-10- 84
Initialed
SD-L
Location of Property West side of Murray Avenue approximately 140 feet
North of Leaves1ey Road
Assessor's Parcel U
835-01-015
Name of Applicant
DAVE TATRO
Address 8425 ,Murray Avenue, Gilroy, CA 95020
.
..
Type of Development Proposed Commercial
Area 8876.28 Gr. or 8165.78 Net (1)
Area "c"
Storm Drain
Street Frontage
71.05 feet on Murray Avenue
Engineering Map Check
01-100-1100-6004-11
$
n/a
Subdivisions $
+$
(n)
Parcel Splits $
+$
(n)
n- number of lots
Engineering Plan Check and Inspection
01-100-1100-6004-l2
$
Deferred
5% of the Cost of Public Improvements
5% x $
Miscellaneous Engineering Service
01-100-1100-6004-l3
$
62.00
2 hours x ( $ 31.00 )
Public Works Microfilming
01-100-1100-6004-14
$
n/a
$5.00 per sheet (maps and plans)
Fire Hydrant Location Fee
07-720-1900-8001-00
$
n/a
$
for the first 5 hydrants
+$
for .each additional hydrants
Area Water Charge 03-300-1300-7203-00 $ n/a
Acres @$ lacre
Acres @$ /acre
Construction Water 07-720-1900-8001-00 $ Deferred
LF @$ /LF+ . Acres @ $ /acre
(1) Owner must dedicate by deed ten feet or right-of-way on Murray Ave.
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oft-Site Storm Drain Fee
Area MA" ~
Area "A-l"$
Are~ "B" $
Area "C" $
Area "0" $
Area "E" ~
Area MF" $
Area "Q" $
. .. I
Acres ~
11
,
Acres @$
. Front Foot Charge~
I
W,ter
LF @$
Sewer
\ !
LF @$
Storm Drain
LF @$
S~reet ImprovementQ
P,vement
Curb & Gutter
Sidewalk
Gal. Pole
ElectroUer
f:lectroUer
C~ndu"'t
f1~e llydrant
.
SF @$
LF @$
SF @$
LF @$
LF @$
LF @$
/Acre
/Acre
IAcre
/Acre
/Acre
/Acre
IAcre
IAcre
/Acre
IAcre
/LF
/LF
fLF
Wood Pole t~unted Electrolier
LF @$
Public WorkQ Caah Bonda and Deposita
Other
Other
/SF-$
/U'-$
/5'1-$
/LF"$
/L'I-$
/LF-$
/LF
02-220-1300-7202-00 $
02-220-!300-7202-01 $
02-221-1300-7202-00 $
02-242-1300-7202-00 $
02-223-1300-7202-00 . $
02-224-1300-7202-00 $
02-225-)300-7202-00 $
02-226-1300-7202-00 $
02-230-1300-7204-00 $.
02-230-1300-7205-00 $
02-230-1300-7207-00 $
02-230-1300-7207-00 $
, Deferred
"
n/a
Deferred
"
"
01-100-1100-6004-00 $
08-800-1100-6004-02 $
$
.
(~
TOTAL
I 362 i'~Gt 451
n/a
,
n/a
.
"
n/a
n/a
Deferred
n/a
$
$
62.00
NOT~; A.II. deferred fees are payable at the rate 1n effect at time of payment.
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