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Construct Land Development Improvements - Vaca, Joe and Rita F 55 ~~':~ 622 6611573 I CITY OF GILROY r 7390 Ros~nna Street, \ Gilroy, California C'l5020 F 55 r~S: 622 ai ?Y!k~D JAM I '.., 21 ""r 'n n ,. -..J fill UU _y,ffIC;"'L f\EGOFWS ~";', jc~ ,':: .\!;(. ('C'INT ("'"r .<, /:~ '.,i'" I .oM. v ,l' Y' :.:tc-L ,.;f:-. '~, -_:.; "!~"l RE' .,. " -.... ~ ;.". G i ',' t"'i""" ~, ':"".f\jt"\,'.JER NO FEE. per GC Sec. 6103 p. n. r.ox of \>. ~. tl.GREEPPlT P,V mr!ER OR HIS SI.'CCr:SSORS n I"lTEREST TO COflSTRUCT LMm O~\fElOpnE'lT H'PR()VE'~E~ITS Project Id~r.tification: AP~790~16~4 This is an aQr0emef"lt het\.'I~en t:.'" CITY OF GIlRny. hereirafter r()fprre'":l, to tlS "r.i ty", (Inri Joe and Rita Vaca, jgO Ronan Ayenue. Gilroy, California ~5020 herei nafter r~ferred to as I! "'''~'''r'' . !lHEREAS, Ovner desirp.s to ~ubdivide or develop the property described in Exhi'jit /\ and wishes to defer construction of pemanent improvements and Ci ty ar;recs to such deferment provi ded O"'m~r ai)rees to construct improvements as herein prnvid~d. no'!, T~ lEREFORE, IT I S l\G~~Er:f): 1. AGREEr1Ef'lT SI'lDP1G (n SUCCESSORS 1"J InTEREST This d0reement, t00ether with th" attached stipulations, is an instrument aff,,-!ctinl"J the title or' possession of the rr;al rronerty describ~d in Exhi~it A. All the tp.rms, convenants anrl conditions h~rein impos?d shall he binding upon and inure to the benefit of the successors in interest of Ovmer. Upon the sale or division of the property d~scrHed in Exhibit l\. the terns of this agre.emc;1t shall armly separately to each parcel and the Ohrner of each parcel shall succeed to the, ohli9ations imposed on 0".'nrr hy this aqre(3r~pnt. 11. STREET Arm DR/\HJl\GE HtPROVF.l1PlTS .f1.. City and !'h1/nr>r i}qrce that the improvements set forth in this section may be i.feferr~d hecaus~: Complete improvements are not appropriate at this time. F 55 r~~: 623 B. Owner agrees to constr'.lct t;1E" follo\^/ing imurovements on the property described in Exhibit A as well as ;-equirci off ~ite imorovements in the manner set forth in th!s aQreer1t';.lt. Improvements requ i red by. the (; i ty Department of rub ~ i c \Jorks as generally described below. (Cross out improvements that ~re not required.) 1. Curb and ~utter 2. Sidewalks 3. Or i ve\fJays 4. Street gradino, base and paving 5. Storm drainage fac11ities G. Erosion control plantinas and facIlities 7. Electroliers 8. Underground ccndu:t with wiring and pull boxes 9. Barricades and other improvements needed for traffic safety 10. Street trees and ot~)~r improvements between the cur!) and property 1 i ne. 11. Street signs 12. Relocation of existinq fences, si~ns a,d utilities ~; = = =1?:~0:t: ~'E =a ::j:rE:O=~t:<.t::s:n.~ zf=tfw ::!;l.;s:t;S: ~ ~~~~ =t+1 =P:re 0/1.J*i," ~t. .Q t ..P..&.&b.1. i.<;. J.LGl.s:.k&. .at -a. -S.to.~ ...d.~~ -G-!=- -s..~Fee-~ - ~~l'IeI1't-:; W:~i-I:h. -has. ~r..Q.~ -~s.-tQ. -b.&.,. ~t:G"'"J.dGd.~ ~t:. ~ -G-~t:.s-~!=e--suc-ll- '~c;. L.l Lt.y. ..bP....na..f. L.ts.. -tha. .{l.~t.'f ..d$s.c.o:.i..b.ed. -~ ..&.xh-t..b-i-1;. ..A- t ~ _ _ ..Enq.i.nee.r..i.n.g. ..a...d. _i..nsoo.c.t.Lon. ..and. ~ 1.."1n- -4~ -f..eas. b~;- - -5-arrt-tary-""S'"eW'a'tje" -fa't:-rrrt-t'e"s 1-&r -...wa.~r:- ~k~- C. When the City Director of Public Votks determines that t~e reasons for the oeferment of the improvements as set forth in 5€'ctlOn II no longer exist, he shall notify Owner :ri It/riting to comrllence thl'dr installation and construction. The notice shall he mi'li1cd to the current G.-'ner 0;' owners of the land as sho~'m on the latest adooted county assessment roll. Ti',; notice shall describe the work to be done by o\'Imers, the ti m? with i.... wh i d' the wort: shelll commence and the time within which the work shall be completed. Allor any portion of said im- provements m<'\y be reqL:ired at a specified tiNe. Each owner shall pai-ticipate on a pro rata h~::;is in the co::;t of the imorovement3 to be installed. If fh,mer is ohligated to oay a pro rata share of a cost of a facility provided by others, the not i c:e sha il i nc.l ude the amount to be pa i d e:"ld the time \'>Jhen paymt;nt mus t he made. ill. PFRFORMAfICE OF THE HORK Owne r ag rees to pe rform the work Clf'-: make the payments requ i red by City as set forth herein ot 2S rnodi'l'ied by the City Council. Owner shall c?use olAns and spec i fi cat i onsfor the imflrovements to I)e prepared by comol;tent persons legally qual ified to do the work and to :uh.ni t said imorovernent plans and specifications for anproval prior to commencement of the work descdhed in the notice and to pay city insrection fees. The work shali be done in accordance with city stzndards in effect at t~e time improvpment plans are submitted for approval. Ovner aql'e~s to COIT:menCe and c0f1101ete the work within the time specified in the notice giv~n t:.y the Direct~r of Public Horks and to notify the City at lea~t 118 hours prior to start of \rJOrk. In t"e event Owner fails to construct any improvements required under this aqreem"nt, City may, at its option, do the work and collect all the costs from Owner, Permission to enter onto the -2- F 55 p~~: 624 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 rrcperty 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 disa9rees 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 mPRO\lEMENTS City agrees to accept for maintenance those improvements specified in Section I! which are constructed and completed in accordance with City standards and requirements and are installed within riqhts of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to orovide 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 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 dama~e to adjoininq prooerty. \f II. BO~lDS 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. INDEMN ITY 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 onlssion, inC1Udinq passive negligence or ~ct of negligence, or both, of the Owner, his employees, agents. contractors, sub- -3- F 55 i'~~: 625 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 maners arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non-use of temporary drainage faclllties, 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 HHEREOF, City has executed this agreement as of December 17, 1979 ATTEST: CITY OF GilROY APPROVED AS TO FORM . /l JZaLt Ilil)uL& Chy Attorney / IN WITNESS WHEREOF, Owner has executed this agreement as of December ~2uJ~ ~'- ~~Ierk =-=t: 18, 1979. ~~ /' JOE VACA _OUH (This dooument to be aoknowZedged with signatures as they appear on deed of titZe) STATE OF CALIFORNIA ) )S5. County of Santa Clara ) On th I 5 18th day of December in the year one thousand nine hundred and seventy-nine , before me, Kenneth E. McDonald , a Notary Public, fJ.YtfI/",f/rJ<!, City of Gilroy, State of Ca 1 i forn i a, duly sworn, perSOr'la lly appeared JOE VACA known to me to be the person described In and that he executed the within instrume~t on his behalf therein named, and acknow- ledged to me that he executed the same. 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 certificate fil'st above written. ;'\ // /"'\ '1/ ' ~1[jR~~I(;iJ\,!l;!:l;~5"!,~;;,:~~iJ~~\,i~W;:~!HJ~~.;um~m;H~,;?:re~lI!!'tUl~31~Ut:j6~P.;P.:I ,/ i -;:1 ,If 5 K1Eh!~\lETH E. McDONALD ~ all !; /< /../ f'\ ,,. I ' ~ NOTARY PUBLIC .- CALIFORNIA 5 o tl / /;;::(,IJ~.lk~}' :5 PRINCIPAL OFFlCf.IN 5 {ff41/."/,~ ' /. ///1,- '-- ' 'l~ = SANTACLARACOUNTY :: tIft ril/llJ Yl 1>//('/1/1)-(,>'" /$/t.~tf/ pf/'1;JI/i;pfrfija/, 5 My Commission Expires Sept 11,1983 i per /CI. It t Y kJ:>/Jri /f!/eJ;/. /YlfiJ/t ~ /rJclvkf~rr/.f'/nA:./ '1c/C/e/ ";.if./ }J'/J~ yo/./inmmlmmlSrlunmmmllmnummnHmmii Kenneth E. McDonald, Notary Public -4- December 19, 1979 City of Gilroy Department of Public Works 7377 Church Street Gilroy, CA 95020 TO WHOM IT MAY CONCERN: I hereby request to be able to pay my building permit and engineering fees in the following manner: Building Permit Fees -- Now (est. $150.00) Engineering Fees -- ($2,324.68) $500.00 ---- Now $1,824.68 -- Prior to Occupancy Furthermore, I agree to file before occupancy a parcel map for the creation of the new residential lot. Sincerelw ",7 ~'" ,-', " ",- ,,,,/ ' XJoe Vaca /~r CITY 0 F G I L ROY DEVELOPMENT COST SCHEDULE No. 2 Date 12/17179 Initialed Location of property 390 Ronan Avenue, Gilroy Assessor's Parcel # AP-790-16-4 Name of Applicant Joe and Rita Vaca Address 390 Ronan Ave., Gilroy, California 95020 Type of Development Proposed Parcel SplitlHouse moved onto property (future) Parcel "AII - 6055.5 sq. fft. = 0.278 Ac. Area Parcel "B" - 6056.3 sq. t. Storm Drain Frontage Parcel "A" = 80.74 Ft. IIB" (cil 624/Ac. Parcel IIBII = 80.751 E 161.49 ft. (Ronan Ave.) Existing house removed. Another house to be moved onto property. COST SCHEDULE 1. Front Foot Water C ha rges 1211 Water 80.75 LF @ 6.44 IF.F. $ 520.03 Use 811 2. Front Foot Sewer Charges 80.75 LF @ 5.09 IF.F. $ 411.02 3. Front Foot Storm Charges LF @ IF. F. $ 4. Front Foot Street Improvements SF @ IS.F. $ 5. Front Foot Curb & Gu tter Charges LF @ I $ 6. Area Water Charge 0.139 Acres @ 1006 lAc. $ 139.83 7. Area Offsite Storm Draina~e Fees 624 /I\ere = $ 86.74 0.139 Ac res 0 8. Offsite Sanitary Sewer Fees @ 550 / 5 ingle fami ly = residence $ 550.00 9. Recreation Fees / = $ with/building permit @ 10. Engineering Plan Check & Inspection C&G= (161.49) (4.56)=736.39 s/w=(4.5) (161.49) (1.07)=777.57 4% x 3839.42 = Pvg=(161.49) (18) (0.80)=2325.45 $ 153.58 11. Uater rleter Charge rleter (3 = $ wi th/bu i 1 ding permit 12. E1 ectro 1 i ers 161.49 LF @ 2.20 = $ 355.28 13. Fire Hydrants 80.75 LF @ 1. 34 = $ 108.20 14. Construction Hater /LF + , j Ac re = $Using Metered Water 15. Street Trees @ = $with/building permit = $ $ $ 2,324.68 16. 17. = Total = STIPULATIONS 1. Street trees 2. Electroliers & Fire Hydrants to be installed per Director of Public Works/Fire Chief -2-