Construct Land Development Improvements - Tomey, Robert C. and Elbia
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E. Steinmetz,City
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
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RECOHDCJ<
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPtlliNT IMPROVEMENTS No.
8522615
Clerk
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85-57
Project Identification:
Assessor's Parcel No. 835-01-007
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and ROBERT C. and ELBIA TOMEY
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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 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, 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.
I I. 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 8S required off site improvements
in the manner 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.~rosion 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 and others where such
facility benefits the property described in Exhibit A.
NOTE: Fees are payable at the rate in effect at time of payment.
14. Engineering and inspectior and plan check fees.
15. Sanitary sewage facilities.
16. Water system.
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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 ohall be completed. All of any portion of said
improvements may be required at a specif ied 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 Ci ty 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
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 by the City, Owner may be required to
execu tt: and deliver to the City a f a1 thfu 1 perf ormance bond and a labor and materials
bond in at: amount and form acceptar Ie to Ci ty to be released by the Ci ty Council in
whole or 1D part upon completion of the work required and payment of al: persons
furnishing labor and materials in the performance of the work.
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rr:SURANCE
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 polic) of insurance in a form and amount acceptable to City.
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INDEHNITY
The VI-ncr shall assume t;w Oe.ellB€ and indemnify and save harmless the City, its
of~cicers, ap,'~l1ts and emploYf~e6, frull' every exrt~l1se. liability or paymE:nt h' reason of
injury "inc:"'uding death" to persolHi or Gdmage to propert~. suffered through any aCl or
J 45 2PAGE21 ~'l 0
omission, including passive negligence or act of negligence, or both, of the Own~lt. hiltl
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
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 Clwner 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 '
September 3, 1985
ATtEST: "
CITY OF GILROY
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",\qTr CLERK.,
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IN WITNESS WHE EOF. Owner has executed this agreement as of
Augus t 29, 1985
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)8S.
COUNTY OF SANTA CLARA )
On this 29th day of August in the year one thousand nine
hundred and eighty-five , Notary Public, City Clerk, City of Gilroy,
State of California, duly sworn, personally appeared ROBERT C. TOMEY & ELBIA TOMEY
known to me to be the persons described in and that they
executed the within lnstrument on their behalf therein named, and
acknowienged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the Clty of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
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Ciiy c,: .> j .,. la Clara
Sta~~ of C.:,,,:..' :~: Ci:i ':;ode Sec. 11l11;
Govcrr.ment Ccue S;c. 4J31';.
City Clerk, City of Gi roy, State of Ilfornia
per Civil Code Sec. 1181; Government Code Sec. 40814
J 452PAGE21,11
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EXHIBIT A
ROBERT C. and ELBIA TOMEY
J 452 PAGE 21 ~12
CITY OF GILROY
No.
85-57
8-28-85
DEVELOPMENT COST SCHEDULE
Date
Initialed
SD-L
Location of Property
West side of Murrav Avenue approximatelv 720 feet
north of Leavesley Road
Assessor's Parcel #
835-01-007
Name of Applicant
ROBERT C. and ELBIA TOMEY
Address
8535 Murray Avenue, Gilroy, CA 95020
Type of Development Proposed
Connection to sewer and water
Area
0.766 acres
Storm Drain
Area "c"
Street Frontage
140 feet
Special Public Works Services
01-100-1100-600400
$
62.00
Engineering Map Check
Subdivisions $190.00 + $3.00/lot
S
n/a
Parcel Splits $83.00 + $3.00/lot
number of lots
Miscellaneous Engineering Service
s
62.00
2 hours x $31.00/hr
Public Works Microfilming (Maps and Plans)
$
n/a
sheets x $5.00/sheet
Wood Pole Mounted Electrolier
S
n/a
FF @ $5.00/FF
Engineering Plan Check and Inspection
01-100-1100-600412
$
n/a
5% of the Cost of Public Improvements
5% x $
Storm Development Fee
Area "A"
$1,850.00/Acre
02-220-1300-720200 $
02-220-1300-720201 S
02-221-1300-720200 $
02-:22-1300-720200 $ 382.00
02-223-1300-720200 $
02-224-1300-720200 $
OL-225-1300-720200 $
02-226-1300-720200 $
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" Sl,35C.00/Acre
Arec.. U_tf f,2,400.00iAcre
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Area "Q" $2,31J.OO/Acre
{j.138 Acres @~2""70.00 IAcre
C.62L Acres @S
IAcr-.
Deferred
J 452PAGE,21 ~13
Front Foot Charges
Water
02-230-1300-720400
$
810.00
Deferred
60
80
Sewer
FF @$ 13 . 50 IFF
02-230-1300-720500
$
529.00
Deferred
60 FF @$
80
Street Improvements
8 . 82 IFF
02-230-1300-720600
$
Deferred
Pavement
SF @ $
ISF 0:: $
Deferred
Curb & Gutter
FF @ $10.87/FF 0:: $
"
Sidewalk
Gal. Pole
Electrolier
& Conduit
SF @ $ 3.11/SF 0:: $
"
FF @ $ 5.0~/FF 0:: $
"
Fire Hydrant
Resident
FF @ $ 2.54/FF 0:: $
"
Comm & Ind.
FF @ $ 2.85/FF 0:: $
n/a
, Storm Drain
02-230-1300-720700
$
Deferred
FF @$
IFF
Sewer Development Fee
07-705-1300-720100
$
908.00
1 unit @ $908.00/unit
Water Development Fee
07-725-1300-720~00
$
815.00
1 Units @ $815.90/Unit
Gals. @ $850.81/1000 GPD peak
Construction Water
07-720-1900-800100
$
Deferred
FF @ $0.50/FF +
Acres @ $20.00/Acre
Fire Hydrant Location Fee
07-720-1900-800300
$
Deferred
$31.00 for the first 5 hydrants
+$ 3.00 for each additional hydrant
Public Works Cash Bonds and Deposits
08-800-1100-600400 $
-0-
Other 1 - 2" Stop & Tap - $113.00
1 - 2" Curb Stop 35.00
1 - 1" Meter 75.00
07-720-1900-800300 $
223.00
TOTAL DUE CITY
$ 3,729.00
NOTE: (1) All deferred fees are payable at the rate ~n effect at time of paymen~.
Accepted by:
Date:
-2-