Deferred Improvement Agreement - S & P Properties - No. 2008-01
RECORDING REQUESTED BY:
DOCUMENT: 19840452
II II III "" I "" "" IIII
City of Gilroy
- f:),:
Pages: 8
Fees. * No Fees
Taxes.
Copies.
AMT PAID
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE 1=1 001
5/05/2008
8:51 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Deferred Improvement Agreement No. 2008-01
7711 Monterey Street
APN #: 799-03-055;
by and between
The City of Gilroy, California
and
S & P Properties, LLC
DEFERRED IMPROVEMENT AGREEMENT
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. 2008-1
Project Identification: 7711 Monterey Street., Gilroy, CA
A.P.N.799-03-055
This is an agreement ("Agreement") between the City of Gilroy, hereinafter referred to as "City",
and S&P Properties, LLC, hereinafter referred to as "Owner".
WHEREAS, Owner of the real property described in Exhibit A ("Property") wishes to defer
construction of the overhead utilities, 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 Property. 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 the terms of this Agreement shall apply separately to each subdivided parcel and the owner of
each parcel shall succeed to the obligations imposed on Owner by this Agreement.
II. UTILITIES IMPROVEMENTS
A. Owner agrees to underground existing overhead/above-ground utilities that are along the frontage
of said Property.
B. Owner agrees to remove the two short poles on Third Street and underground the electrical
service for the traffic signals at the Monterey Street/Third Street intersection as part of the current
project. Such undergrounding shall be completed prior to final acceptance of the project.
C. Improvement undergrounding of the remaining electrical power lines as well as telephone and
cable TV lines shall be deferred until the earlier of (i) implementation of a City Council approved
program for undergrounding downtown utilities (including Owner's utilities), or (ii) January 1,
2028.
D. The cost of said undergrounding from the nearest poles off-site of the Property to the Property
itself shall be borne by the Owner at the City's cost at the time of the work.
2
E. If City implements a program for undergrounding utilities, City shall notify Owner of the
implementation of such program and of owner's obligations with respect thereto. If City
does not implement such a program by January 1,2028, City shall send Owner a notice
of its responsibility to commence prompt undergrounding of its primary power lines.
Any such 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. Owner shall comply with City timelines in such notice.
F. If the Property has been subdivided, 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.
G. Failure of City to mail a notice as described in Section II.E shall in no way excuse Owner
from its responsibility to underground its utilities in a timely manner.
III. PERFORMANCE OF THE WORK
Owner agrees to obtain the required permits, 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 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 City Engineer 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 may, 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 thirty (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.
3
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 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, City may require Owner 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 acceptable to City.
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 (including environmental contamination to
real 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 any
one 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 Owner to Indemnify the City against
the liability for damage arising from the sole negligence or willful misconduct of the City of its
agents, servants or independent contractors who are directly responsible to the City.
4
IN WITNESS WHEREOF, City has executed this agreement as of ~~
ATTEST:
CITY OF GILROY
/1
\ Shaw a Freels
CRY CLERK
APPROVED AS TO FORM:
ft ..~
\ . /I i t:/ ,77
.~ L { ~/e-6-v--.
Linda Callon
CITY ATTORNEY
IN WITNESS WHEREOF Owner has execnted this agreement as of "f 0/ 8
f
OWNER
S & P PROPERTIES, LLC
By: ~~~
Name: I1d..z-/7 ~(>l--'
Title: j11ap1~
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the
corporation and the corporate titles of the persons signing for the corporation shall appear above.
-5-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~.<:%"~~.<:%"~~~~~~~~~R%:'~~~.<:%"~~~
State of California
}
51:\("\-\--[,\ C \U{Ul
On ~ before me,
Date
County of
personally appeared
J~'{\\-\\\e\ 6\Aevc\",(A~ot-0\("\.1 ?\ADll<:-
Here Insert Name a~d Title of the Officer
m \d.4e ll". YCA<5a<\S c
Name(s) of Signer(s)
------
(.....
JENNIFER GUEVARA
e commllllon # 1763703
c ~ Notary Public. California I
I Santa Clara County ~
J~ ~ _ - - -,,~.~~~~~ ,
who proved to me on the basis of satisfactory evidence to
be the person(~ whose nameEs7 is/a.casubscribed to the
within instrument and acknowledged to me that
he/sReltt1eV executed the same in his/~eir authorized
capacityfiest; and that by his/~r signaturetsf-on the
instrument the perso~ or the entity upon behalf of
which the person~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Capacity(ies) Claimed by Signer(s)
.
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
LJ Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~~~
@2007 National Notary Association' 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Deferred Improvement Agreement No. 2008-1
S & P Properties, LLC
7711 Monterey Street
APN: 799-03-055
On April 29, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Anna
Jatczak, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~r\~ 11 ~
(...11../1 '-"'" 1",<-, ~. . '- ,
Signature of Nota ublic
SUSAN R. JOHNSON
a'. Commission # 1543104
i ,M6 . Notary Public - California ~
Santa Clara County
My Comm. Expires Jon 9, 2009
(Notary Seal)
B
~
~rj\
\i;r~ 8
I ~_
/I
"
z
..
0
..
"
u
,.
Z
::i
0
'"'
"
It:
"
-'
<.>
"
z
" 8
III
It:
o
III
III
'"
III
III
"
,.
z
::i
o
<.>
c
...
u
..
\0-
o
@i
Q)<Il
.
-
0.0):/
A3W3J.NOW
~.4.J I..Ji.
Lr"", .:,~.
on, os
0'"06
.'<1 ,
It if
~
w
w
a::
~
II)
llt
:i
m
:5
a: L.:
1
\
\
~~.
'Ill .-e:
'lll"
I
:ll
ia
~
1
I
~
Q;
!Ii
-~
ail&.l
lID "I W
~ ::g2 ~
I ~w.. U)
K. iii
~, t t
LI- ,.-19l:'1II d
i!
AHW3B3'~13 r
'j, S
..
...
.t,.~
I$oi..
U4,J.
l>>
IiJl~.l
z
...
<t
J:
z
o
~
;:.
a:
<t
""
o
:>::
u
Z
<t
II::
III
<t
:I
a:
<t
6, . W -,/:9l'l1<1 )!!
i! -J. S
OS" .. Ill" 0'
I I
~l- :1 ,
tl L.
I 1111 III "" "I
--1' I-
I 1-
'Ill .. I
0 I I
Z 1 .
0
U
l&I
II)
I - ~I ~
-+~ ..
ou, u
U ... ~
Olj
~I
III
<(
..J
VICINITY SITE MAP
7711 Monterey Street
APN: 799-03-055
S & P Properties, LLC
o
Exhibit A
~f~
U'*I
. -,!i
I :.
.t ,.
j,h
~IU