Construct Land Development Improvements - Barrow, J.
N 2 2 4 PA GE t h 83
12288714
NO ~EE PER GC SEC 27383
Fit: D FOR REOOnL
t, T f\E OU[~>: OF
Susanne E. Steinmetz, City CIE
City of Gilroy
7351 Rosanna Street 66
Gilroy, CA 95020
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AGREEf.1fNT 8Y OlINER OR HIS SUCCESSORS IN INTEREST TO
COtlSTRUCT LAND DEVELOPrtENT H1PROVEr1ErnS
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Project Identification:
Assessor's Parcel 835-01-022
This is an aqreement between the CITY OF GILROY. hereinafter
referre~.to as "CHy", an1 J. Barrow
hereinafter referred to as """';l~r".
HUEREAS. O\'Jner desires to subdivide or develop the property
d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent
improvements and City agrees to such defenment provided Owner agrees
to construct improvements as herein provided.
NOli, TIIEREFORE. IT IS AGREED:
1. AGREEtlENT BJlJOING on SUCCESSORS HI INTEREST
This agreement. toqether with the attached stipulations. 15 an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the tenms. convenants and conditions
herein imposed shall he binding uQOn and inure to the benefit of the
successors in interest of ~mer. Upon the sale or division of the
property descrihed in Exhibit A. the te~s of this agreement shall
apply separately to each parcel and the owner of each parcpl shall
succeed to the ob11~ations 1n~osed on Ol-mer by this agreement.
11. STREET Arm ORAIrJAGE WPROVEMENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because: The imp ro veme n t 0 f th e
westerly half of Fore~t Street north of Leavesly Road
is inappropriate at this time. Such improvement will be
appropriate when additional properties served by this
street are redeveloped or are developed for the first
time. Rights of way must be acquired and provided at
such time that the improvements are constructed.
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poor due to COddition ot
original document.
N 2 2 4 PA GE ! 484
B. Owner agrees to construct the following improvements o~ the
property described Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required by the City Department of Publ ic Works as
generally described belo~. (Cross out improvements that are not
required.)
1. Curb and gutter
2.. ~ i elc.~..:: lies
3. Driveways
4. Street grading, base and paving.
5. Storm drainage facilities
6. Erosion control plantings and facilities
7. Electrol iers
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 Publ ic 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.
14. Engineering and inspection and plan check fees
15. Sanitary sewage facil ities
16. Water system.
C. When the City Director of Public Works determines that the reasons for
the deferment of the improvements as set fo.th in section I I hO longer exist,
he shall notify Owner in writing to commence their installation and construction
The noti,ce 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 im-
provements 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 rata share of a cost of a facil ity provided by others, the
notice shall include the amount to be paid and the time when payment must be made,
ltl~ 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
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 Publ ic Works and to notify th
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 the 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.
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N 2 2 4 pn GE 485
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Owner agrees to ccoperate upon notice by City with other property owners,
the City and other pub! ie agencies to provide the Improvements set forth herein
under a joint cooperative plan including the formation of a local impro~ement
district, if this method is feasible to secure the installation and construction
of the improvements.
V. R~~EW OF _REQU_I REM..f~}:!.~.?_
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 wal 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 I I which are constructed and completed in accordance with City standards
and requirements and are instal led within rights of way or easements dedicated
and accepted by resolution of the City Counci I.
Owner agrees to provide any necessary temporary drainage facilities, access
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 I ife or health or damage to adjoining property.
VI I. 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.
V I I I. INS U RAN C E
Owner shall maintain, or shall require any contractor engaged to perform
the work to maintain, at all times during the performarce of the work called
for herein, a separate policy of insurance in a form and amount acceptable to
City.
IX. INDEMNITY
The Owner ~hal1 assume the defense and indemnify and save harmless the
City, its officers, agents and employees, from every expense, liabil ity or
payment by reason of injury "including death" to perSOrlS or damage to property
suffered through any act or omission, including passive negligence or act of
negl igence, or both, 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 called for by this agreement, on any part of
the premises, including those matters arising out of the deferment of permanent
drainage faci lities or the adequacy. safety, use or non~U5e of temporary drainage
facrlitres, the performance or non-performance of the work.
-3-
N 2 2 ~ PA GE I 4 8 6
This prOVISion shall not be deemed to require the Owner to Indenmify the City
against the liabi Jity for damage arising from the sole negligence or wi Ilful
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 21, 1981
ATTEST:
CITY OF GILROY
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I City Clerk
APPROVED AS TO FORM
/Jew !(l!)k~
C ty Attorney fI
I
IN WITNESS WHEREOF, Owner has executed this agreement as
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(This document to be acknowZedged with signatu.Y'es as they appeCU' on deed of t-iUe)
STATE OF CAL I FORN'IA )
) ss.
County of Santa Clara )
On this
nine hundred and
State o' Cal ifornia,
known to me to be
executed the within
ledged to me that
instrument on
he
IN WITNESS WHEREOF 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 first above written.
City Clerk, City of Gilroy, State of
per Civil Code Sec. 1181; Government
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EXHIBIT IIAII
J. Barrow Agreement
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