Deferred Improvement Agreement - Garlic Farm Annex, LLC (Howard Vierra) - RV Park
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAlL TO:
Rhonda S. Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT:
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
Tit I es : 1 / Pages: 12
Fees. . . .
Taxes. . .
Cop i es. .
AMT PAID
40.00
40.00
RDE /:t 011/016
7/30/2001
9:36 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
R V Park
Monterey Street
Garbe Farm Annex LLC
Howard Vierra, Managing Member
Deferred Improvement Agreement 2001-17
DOCUMENT TITLE
Deferred Agreement 2000-17, Page 1
DEFERRED IMPROVEMENT AGREEMENT
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. 2001-17
Projeet Identifieation: RV Park. Monterey Road. Gilroy. California
This is an agreement between the City of Gilroy, hereinafter referred to as "City", and
Garlie Farm Annex LLC, Howard Vierra, Managing Member, 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 Sueeessor in interest)
agrees to eonstruet 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 affeeting 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 deseribed in Exhibit A, the terms of this agreement shall apply separately to each pareel and
the owner of each pareel shall succeed to the obligations imposed on Owner by this agreement.
II. STREET AND DRAINAGE IMPROVEMENTS
A. Improvements along the south side of the property may include but are not limited to:
1. Curbs and gutters
2. Sidewalks
3. Pavement seetion including base material
4. Storm drain faeilities and appurtenances
5. Sanitary sewer facilities and appurtenances
6. Water facilities and appurtenances
7. Underground utilities (gas, eleetrie, telephone and eable TV)
8. Traffic signal~ at the intersection with Monterey Road
9. Landscaping
1 O. Related items sueh as traffie striping and signs
SEE NOTE BELOW
City and Owner agree that the improvements set forth in this seetion may be deferred beeause:
IY'&-
Improvements are inappropriate at this time.
Deferred Agreement 2000-17, Pl!,ge 2
NOTE: Minimum standard specifications and standard details tor these improvements are set forth in
the manual, as it may be amended from time to time, entitled "City of Gjlroy, Community Development
Department, Standard Specifications." A1 of ~7e index of this manual is attached as Exhibit B.
B. Owner agrees to construct the improvements as described in the attached stipulations on or
adjaeent to the property deseribed on Exhibit A as well as required off-site improvements in the
manner set forth in this agreement. The improvements iisted are understood to be the minimum
requirements foreseen at this time. Improvements shall include all items necessary to provide a
complete operational facility including all appurtenances in conformance with current City
standards in effeet at the time of construetion.
C. When the City Director of Community Development determines that the reasons for the
deferment of the improvements as set forth in Seetion II - STREET AND DRAINAGE
IMPROVEMENTS no longer exist, he shall notify Owner in writing to commence their
installation and eonstruction. The notiee shall be mailed to the eurrent owner or owners
of the land as shown on the latest adopted county assessment roll. The notice shall
deseribe the work to be done by owners, the time within which the work shall commence
and the time within which the work shall be eompleted 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 eost 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 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 legaHy quaiified 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 shaH be done in accordance with city
standards in effect at the time improvement plans are submitted for approval. Owner agrees to
eommence and complete the work within the time speeified in the notiee given by the Direetor of
Community Development and to notify the City at least 48 hours prior to start of work. In the
event Owner fails to eonstruet any improvements required under this agreement, City may, at its
option do the work and colleet all costs from Owner. Permission to enter onto the property of
Owner is granted to City or its contractor as may be necessary to construet such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to eooperate upon notiee 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 loeal improvement district, if this method is feasible to seeure the
installation and construction of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in any notiee to eommenee instaHation 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 deeision of the Council shall be binding upon both City
and Owner.
Deferred Agreement 2000-17, Page 3
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to aeeept for maintenanee 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 aecepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage faciiities, 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
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Vll. BONDS
To eonstruct and improve all public works facilities and other improvements described in this
agreement in accordance with all standards established in the Codes, Ordinances, Resolutions,
Rules and Regulations, all applicable laws and this agreement, and in aeeordanee with the grades,
plans, and specifications approved by the City Engineer. Developer shall furnish two good and
suffieient bonds, a Payment Bond on furms provided by the City and a Faithful Performanee
Bond, both of which shall be secured from a surety company satisfactory to City with a minimum
"AVll'" rating with Best's Rating Guide. Eaeh bond shall set forth a time period for performance
by the contractor of its obligations and the terms and conditions on which the City may obtain the
proeeeds of the bond. The Faithful Performanee Bond shall be in an amount not less than one
hundred percent (100%) of the total estimated amount payable for the improvements described in
this agreement, and shall secure payment to City and the Developer of any loss due to the default
of the eontractor or its inability or refusal to perform its eontract. The performance bond shall by
its terms remain in full foree and affect for a period of not less than one year after completion of
the improvements by Developer and acceptance of the improvements by City, to guarantee the
repair and replaeement of defeetive material and faulty workmanship. Upon eompletion of the
improvements by Developer and acceptance of the improvements by City, Developer, at the
City's diseretion, may substitute for the performanee bond seeuring maintenanee described above,
a separate maintenance bond in the amount of 10% of the total eontract priee of the
improvements (provided that the amount of said bond shall not be less than One Thousand
Dollars ($1,000) to cover the one-year maintenance period. The Payment Bond shall be in an
amount not less than: (1) One hundred percent (100%) of the total estimated amount payable for
the improvements deseribed in this agreement when the total estimated amount does not equal or
exeeed five million dollars ($5,000,000); (2) One hundred percent (100%) of the total estimated
amount payable for the improvements described in this agreement when the total amount is not
less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000);
and (3) Twenty-five percent of the total estimated amount payable for the improvements
deseribed in this agreement when the total amount exeeeds ten miliion dollars ($10,000,000). The
Payment Bond shall secure the payment of those persons or entities to whom the Developer may
become legally indebted fur labor, materials, tools, equipment or services of any kind used or
employed by the contraetor or subcontractor in performing the work, or taxes or amounts to be
withheld thereon. The Payment Bond shall provide that the Surety or Sureties will pay the
following amounts should the Contractor or a Subeontraetor fail to pay the same, plus reasonable
Deterred Agreement 2000-17, Page 4
atiorneys' fees to be fixed by the eourt if suite is brought upon the bond: (1) amounts due to any
of the persons named in California Civil Code Section 3181; (2) amounts due under the
Unemployment Insuranee Code with respeet to work or labor performed for the improvements
described in this agreement; and (3) any amounts required to be deducted, withhold, and paid
over to the Employment Development Department from the wages of employees of the
Contraetor and Subcontraetors pursuant to Section 13020 of the Unemployment Insuranee Code
with respeet to the work and labor. The Payment Bond shall, but its terms, insure to the benefit
of any of the persons named in Civil Code Seetion 3181 so as to give a right of action to those
persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of
its building permit application (Site Clearance), the Developer shall furnish the name, address and
telephone number of the surety or sureties that the Developer proposes to furnish the Payment
Bond and: (1) the original, or a certified copy, of the unrevoked appointment, power of attorney,
bylaws, or other instrument entitling or authorizing the person who executed the bond to do so;
(2) a certified copy ofthe certificate of authority ofthe insurer issued by the Insurance
Commissioner; (3) a eertificate from the Clerk ofthe County of Santa Clara that the insurer"s
certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or, in
the event that it has, that renewed authority has been granted; and (4), eopies of the insurer" s most
reeent annual statement and quarterly statement filed with the Department ofInsurance.
e. That upon approval of the final map of the subdivision, the reeord of surveyor the building
permit covering the real estate to be improved and before any work is done therein, the
Developer shail pay to the City ail sums, shown in Seetion 9 thereof to be due under the terms
and provisions of this agreement.
VIII. INSURANCE
Owner shaH maintain, or shaH require any eontraetor 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. INDE.MNITY
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 aet or omission, including passive negligence
or act of negligenee, or both, of the Owner, his employees, agents, contractors, sub-contraetors,
or anyone direetly or indireetly 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 adequaey, safety, use or non-use of temporary
drainage faeilities, the performanee or non-performance of the work.
This provision shaH not be deemed to require the Owner to Indemnify the City against the iiability
for damage arising from the sole negligence or willful misconduct of the City of its agents,
servants or independent eontraetors who are directly responsible to the City.
Deterred Agreement 2000-17, Page 5
IN WITNESS WHEREOF, City has exeeuted this agreement as of .""~! ~J \ ~I VXJ!
;jT (2"r-
:' ).'
. ; .~ '~e.-v~
Rhonda Pellin
CITY CLERK
CITY OF GILROY
~ t€. {?~
~Rak~ Michael R. Darn
CITY ADMINISTRATOR (Pratempare)
APPROVED AS TO FORM:
~t.~
CITY ATTORNEY
r_ Lf/A ~O/
IN WITNESS WHEREOF Owner has executed this agreement as of eJ C ,x:.J
OWNER
ex LLC
[0
NOTE: If Developer is a corporation, the eomplete legal name and corporate seal ofthe
corporation and the corporate titles of the persons signing for the eorporation shall appear above.
Defened Agreement 2000-17, Page 6
STATE OF CALiFORNiA )
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COUNTY OF SAi'J"T A CLARA )
, I TLe 81= UOC.UJne-,uT: i)EFER-ee-O avvLpaoUuY\€.4q A~~('//YI~~ "Zoo 1- 17
On n1#L( 30, "2a:>1 before me, personally appeared -HouJa..rd La u..' S Iv' \ e.--r-re>-
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subseribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
:/L7 I:) .
Signature ~/Jtd'A iA-<'.P--lA.A
per GC Sec. 40814; CC Sec. 1181
............-....-------1
RHONDA pauN
1'1 Commission # 1142623 z
~. NotaY PubflC - Cafifcrnia ~
z Santa CIao Courrty ~
i_ ~ _ ~~~~~!~1:~1 ,
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Deferred Improvement Agreement No. 2001-17
RV Park, Monterey Street, Garlie Farm Annex LLC,
Howard Vierra Managing Member
On July 18,2001, before me, Rhonda Pellin, Notary Public, personally appeared Michael Dom
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capaeity, and that by his
signature on the instrument the person or the entity upon behalf of whieh the person aeted,
executed the instrument.
\ WIT'~) hand andofficiw sew.
~~.
SIgnature of Notary Publtc
,.-.-...-.. - ~~=~.'-" f
----g; I
_ _ _ ~~~=2IIBf
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
Detimed Agreement 2000-18, Page 7
MONTEREY ROAD
OFFER OF
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VICINITY SITE MAP
RV Park
Garlic Farm A.nnex LLC
Exhibit A
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD SPECIFICATIONS
The standard details and provisions contained in this manual have been prepared for the
purpose of establishing the minimum and uniform requirements to be used by engineers,
contractors and developers for the preparation of plans and the construction of public
improvements under the jurisdiction of the City of Gilroy. These standards shall be used in
conjunction with the latest revision of the State of California Department of Transportation
(Caltrans) Standard Specifications. In case of conflict between Caltrans Specifieations and the
City of Gilroy Standard Details and Provisions, the City of Gilroy Standard Details and Provisions
shall apply.
Any deviation from the Standard Details or the Standard Specifications must be approved
in writing by the City Engineer of the City of Gilro California.
/'^-
Rick Smelser
City Engineer
Exhi bit B
STANDARD DETAIL NUMBER INDEX
LATEST
DETAIL NO. DESCRIPTION REVISION
STREETS
STR-I TYPICAL STREET SECTION REQUIREMENTS 11198
STR-2 STREET SECTIONS 11198
STR-3 STREET SECTIONS 11198
STR-4 STREET SECTIONS 11/98
STR-5 STREET SECTIONS 11/98
STR-6 STREET SECTIONS 11198
STR-7 STANDARD HILLSIDE INTERSECTION
- LOCAL TO LOCAL ROAD 11/98
STR-8 CUL-DE-SAC TURN-AROUND 11/98
STR-9 TWO-LEGGED INTERSECTION CONSTRAINT
ON ONE SIDE 11198
STR-lO TWO-LEGGED INTERSECTION - LOCAL 11198
STRoll TWO-LEGGED INTERSECTION - INDUSTRIAL 11198
STR-12 TURN-AROUNDS/ACCESS ROADS 11198
STR-13 TYPICAL LOT UTILITY LOCATION 11198
STR-14 CURB & GUTTER 11198
STR-15 CURB AND GUTTER REPLACEMENT 11198
IN EXISTING STREET
STR-16 MONOLITHIC SIDEWALK 11198
STR-17 SEP ARA TED SIDEWALK 11198
STR-18 RESIDENTIAL DRIVEWAY 11198
STR-19 COMMERCIAL & INDUSTRIAL DRIVEWAY 11198
STR-20 HANDICAP RAMP CONSTRUCTION DETAILS -
MONOLITHIC SIDEWALK 11/98
STR-21 HANDICAP RAMP CONSTRUCTION DETAILS -
SEP ARA TED SIDEWALK 11198
STR-22 HANDICAP RAMP CONSTRUCTION DETAILS -
SEP ARA TED TO MONOLITHIC SIDEWALK 11/98
STR-23 HANDICAP RAMP CONSTRUCTION AT EXISTING
SMALL RADIUS CURB RETURN 11198
STR-24 HANDICAP RAMP AT EXISTING CURB RETURN 11198
STR-25 STANDARD STOP SIGN 11198
STR-26 STANDARD STREET SIGN 11/98
STR-27 NOT IN USE
STR-28 STANDARD MONUMENT 11/98
STR-29 STANDARD BARRICADE 11198
STR-30 DRIVEWAY CONSTRUCTION IN EXISTING ALLEY 11198
STR-31 VISIBILITY AT INTERSECTIONS WITH
INTERSECTING PROPERTY LINE 11198
STR-3IB VISIBILITY AT INTERSECTIONS WITH
ROUNDED PROPERTY LINE 11/98
2
LATEST
DETAIL NO. DESCRIPTION REVISION
STR-32 CORNER SIGHT DISTANCE 11198
STR-33 PAVEMENT MARKER RUMBLE STRIP 11198
GENERAL UNDERGROUNDING
UN-I TRENCH RESTORATION 11198
UN-2 TRENCH RESTORATION - EXISTING STREET 11198
UN-3 PIPE ANCHOR FOR HILLSIDE DEVELOPMENTS 11198
WATER
WA-l STANDARD VALVE BOX INSTALLATION 11198
WA-2 VALVE STEM EXTENSION 11198
WA-3 THRUST BLOCKS 11198
WA-4 STANDARD THRUST BLOCK FOR
HORIZONTAL AND VERTICAL DOWNWARD BEND 11198
WA-5 STANDARD THRUST BLOCK FOR
HORIZONTAL AND VERTICAL UPWARD THRUST 11198
WA-6 STANDARD REDUCER ANCHOR 11198
WA-7 END OF MAIN BLOWOFF 11198
WA-8 STANDARD FIRE HYDRANT 11198
WA-9 FIRE HYDRANT PLACEMENT 11/98
WA-lO FIRE HYDRANT LOCATION MARKER 11198
WA-ll FIRE SERVICE 11198
WA-12 TYPICAL 1" SERVICE INSTALLATION 11/98
WA-13 TYPICAL 2" SERVICE INSTALLATION 11198
WA-14 COMMERCIAL & INDUSTRIAL METER
INSTALLATION AND BYPASS 11198
WA-15 EXISTING 1" MULTIPLE METER SET 11/98
WA-16 EXISTING 2" MULTIPLE METER SET 11198
WA-17 RESIDENTIAL LOOPED WATER SYSTEM 11198
WA-18 MULTIPLE METER INSTALLATION
FOUR OR MORE METERS AND SERVICES 11198
WA-19 TYPICAL INSTALLATION D.D.C.V. ASSEMBLY 11/98
WA-19B BACKFLOW PREVENTER INST ALLA nON
(DOMESTICIIRRIGA nON) 11198
WA-19c BACKFLOW PREVENTER INST ALLA nON
(IN BUILDING) 11198
SEWER
SWR-l STANDARD SANITARY SEWER MANHOLE 11198
SWR-2 SEWER TEST MANHOLE 11/98
SWR-3 TEST MANHOLE AND METER LOCA nON 11198
3
SWR-4 MANHOLE FRAME AND COVER 11/98
SWR-5 STANDARD SEWER LATERAL 11/98
SWR-6 SIDE SEWER/LA TERAL CONNECTIONS
TO EXISTING MAINS 11/98
SWR-7 SEWER LATERAL CLEANOUT FOR
EXISTING LATERALS 11/98
LATEST
DETAIL NO. DESCRIPTION REVISION
STORM DRAIN
STM-l STANDARD CURB INLET (18" X 36") 11/98
STM-2 STANDARD CURB INLET (24" X 36") 11/98
STM-3 STANDARD CURB INLET 11/98
STM-4 STANDARD TYPE A2 INLET (BUBBLER) 11/98
STM-5 STANDARD FIELD INLET (24" X 36") 11/98
STM-6 NOT IN USE
STM-7 STANDARD STORM DRAIN MANHOLE 11/98
STM-8 STANDARD MANHOLE CHANNELIZATION 11/98
STM-9 MANHOLE CONNECTION DETAIL 11/98
STM-I0 CAST IN PLACE CONCRETE PIPE 11/98
STM-ll STANDARD 18" x 36" CURB INLET FRAME
AND GRATE
STM-12 STANDARD 24" x 36" CURB INLET FRAME
AND GRATE
ELECTRICAL
EL-l ELECTROLIER AND BASE 11/98
EL-2 STREET LIGHT CONNECTION (120V) 11/98
EL-3 STREET LIGHT CONNECTION (240V) 11/98.
EL-4 CONDUCTOR SPLICING SPRING CONNECTOR 11/98
EL-5 TYPICAL ELECTROLIER PLACEMENT 11/98
EL-6 CONCRETE PULL BOX INSTALLATION 11/98
EL-7 CONCRETE PULL BOX DETAIL 11/98
EL-8 CONCRETE PULL BOX DIMENSIONS 11/98
EL-9 IRRIGATION CONTROLLER SERVICE ENCLOSURE
FREE STANDING WITHOUT METER SERVICE 11/98
PARKS
PKS-l FIFTEEN GALLON TREE PLANTING WITH
DEEP ROOT PLANTER 11/98
PKS-2 FIFTEEN GALLON TREE PLANTING 11/98
PKS-3 TREE WELL IN SIDEWALK 11/98
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