Construct Land Development Improvements - Buyak, Emile and Zena
NO FEE RE: Go~ernme~t Code Sec. 6103
~ 61750~10
E 037;'iGi 554
E 037r'~GE 554 .... f ,LEO 1"0 - HE~')RO
/:7L AT RC ES I OF
P. O. Rox 66 r -'1 ~I 13 ',10 I'M '18
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6175040
~ CITY OF GILROY
/~ 7390 Rosanna Street,
Gilroy, California
95020
AGREEr1ENT BY mINER OR HIS SUCCESSORS IN INTEREST TO
conSTRUCT LAND DEVELOPflENT mPROVEr1nnS
OFFICIAL RECORDS:,
st,NT:, (,',-ARt.. COUNTY.
GCO;GC A M:,m~ ,., "
HE(1\(;~RAR REGORDER
Project Identification: Parcell of 841-14-12
This is an aqreement between the CITY OF GILROY, hereinafter
referre,~. to ~s IICity", an1 Emile G and Zena C Buyak
hereinafter referred to as I!"\'''~(.>rl'.
HHEREAS, O\\Iner desires to subdivide or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOH, THEREFORE, IT IS AGREED:
1. AGREEr1ENT aFlOPIG on SUCCESSORS Pl nnEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. Ail the terms, convenants and conditions
herein imposed shall he binding upon and inure to the benefit of the
successors in interest of OVlner. 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 obl i9ations imposed on ()1.tner by this agreement.
11. STREET AND ORAHlAGE mPROVEr~HlTS
A. City and Owner ~qree that the improvements set forth in
this section may be deferred because:
Improvements are inappropriate at this time.
B.' O\"Iner agrees to construct the following improvements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required by. the City Oepartment of Public Horks as
generally described oelm... (Cross out improvements that ore not
requ ired. )
1.
2.
3.
4.
5.
(.,.
7.
8.
9.
10.
11.
12.
13.
Curb and qutter
Sidewalks
Driveways
Street gradingt base and paving
Storm drainage facilities
Erosion control plantinQs and facilities
Electrol iers
Underground conduit with wiring and pull boxes
Barricades and other improvements needed for traffic safety
Street trees and other improvements between the curh and
property line.
Street signs
Relocation of existinq fences, sions and utilities
Payment of a pro rata share of the costs as determined by the
Department of Public \Jerks of a storm drainage or street Improvement;;
which has been, or is to be. provided by 0wner and others where such
facility benefits the property described In Exhibit A
Engineering and inspection and plan check fees
Sanitary sewage facilities
Water system
E
Or.~"1;)IG~ 555
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15.
16.
C. When the City Director of Public WOGks determines that the reasons for
the deferment of the improvements as set forth in section II 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 adooted 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. Allor 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 facility provided by others, the
notice shall Include the amount to be paid and the time when payment must be made.
III. PERFORMAtlCE OF THE HORK
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 olans
and specifications for the improvements to be prepared by competent persons
legally qual Hied to do the work and to submi t 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 aqrees 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 agreementt City may, at its ootion,
do the work and collect all the costs from Owner. Permission to enter onto the
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E 037;'.'.C: S55
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 ~rc~erty cwnerst
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
districtt if this method is feasible to secure the installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disaqrees with the requirements set forth in any notice to
commence installation of improvements he shallt 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 necessary temporary drainage facilities, ascess
road or other required improvementst to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City aqency for reviewt
if required, and to maintain said improvements and facilities in a manner which
will preclude any hazard to life or health or damaqe to adjoining prooerty.
"II. 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 ~ 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 maintaint 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
CitYt its officerst agents and employees, from every expenset liability or
payment by reason of injury lJincluding death" to persons or damage to property
suffered through any act or o"issiont including passive neo,ligence or act of
negligencet or botht of the Ownert his employees, agentst contractorst sub-
-3-
/
E 03"1)~GE 557
contractors, or anyone directly or indirectly employed by either of them, or
arising in any way from the \~rk 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 adequacYt safetYt use or non-use of temporary drainage
facllltiest the performance or non-performance of the work. This provision shalt
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 WHEREOFt City has executed thIs agreement as of
October 2, 1978
ATTEST:
C ITY OF GILROY
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this agreement as of
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Ei ,~,..:." PATRICIA A. DORSEY ;
!: NOTARY PUBLIC - CAlIFORNlA ~
SANTA CLARA COUNTY S
=
\ My commission expires Aug. 25, 19795
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STATE OF CAUFORNIA f E 03\7;'~GE 558
ss,
_u_________u_u__u___c ou"14-..5ants Clara
the O~er~d:gnro-day of~~~____=_________i" the ~ear one thou'sa~d ni~e hundred and______u?~mu___________nu_u__u_______, before me
-mun________________nm_mn_______.____n___._____________, a Notary Publzc. State of Callforma, duly commissioned and swor" personally appeared
_u_______n__...~1ARD 5r1I'm .
known to m; ;0 -~;-~~~-~;;.~:~:::::::~~~~-~::;~~_-~_-~_-~~~~~-~~~~~~~-~~~;;;~;;-;~-;~:-:;~i:ui;:;;;~_;;.-~:-;
as--n_n__wit"ess.__..__thereto, who, being by me duly swornm_J),~___________n_h__um.._uu__n______
deposed a"d said: that..J]~---____n_hresidP.___inu__~P.-~u_f!9I~m.nu____mu_._h_____u____CoUllty of
;~-~~---ii~:::::~~:::~_:~~:~i;;;;:;-:~-~;:=~~~~_~~r:.=~~~~~~=:~~:~~=::=::=:::::_~:=~
____.__m.__ ZENA C. BUYAK
-m------m--fiilU-.---u-------m---------_h______m__u__u____u_____._____________________.___u___n_______ _______
r personally known to_______nm__u__to be the person!?__described i", and who executed the said
within instrument as Part__Y.n_m____thereto), sig!!t seal and deliz'er the same; that the said
.__m__un__~~ G. BUYAK and ZENA \,;. MAK
. .......___..u_____............u.........................._......_____.. ..---....-----.----...---.---........._......___....h.... _. ".... "Un"__
1
Cowdery's Form No. 46 (Acknowledgment-Witness),
(C C_ Secs_ 1195-1197. C. C. P. Sec_ 1935)
----n-__n__nm____uu_______u______.u_nm__u___u_______________m_.__.u.munu____duly acknowledged i" the presence of
said affiant..u.m, thaL__theY-_mexewted the same and that_be__n______, the said affiant_____n_,
. thereupOJI, and at the request of said---m~___G_.__J3.l.IYl.\I.LaOO_~ENA__~.J.uJ?!.TiMu____
-________nn_____n__________n_m________, subscribed_u____bis.uname______as______u witness__________t hereto_
IN WITNESS WHEREOF I have hereunto set my hand and affi~-ed my official seal
~:.:~;.;~;;;;;~:;-;;;;~:"y 'f-.~:--:-t1"7lod ;jj Ih:
---u-mUt:a~ fLn- ~d~J/'
:u - ~otary ;~bli~:-S~-~~e of C~;~~:~;G
My Commission E:xpircs___n_______mu___m________un___u_____hnn_m____
75