Construct Land Development Improvements - Connell, Dale (2)
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CITY OF GIU~OV
7390 Rosanna Street, P.O. Box 66
Gilroy, California
95020
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
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C[,\FUo. COUNTY
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Project Indentification: Parcels 1,2 & 3 of Parcel 790-14-6
This is an agreement between the CITY OF GILROY, hereinafter referred
to as "City", and
Dale Connell
190 First Street
Gilroy, California 95020
hereinafter referred to as "0wnerll.
WHEREAS, Owner desires to subdivide or develop the property described
in Exhibit A and wishes to defer construction of permanent improvements and
City agrees to such deferment provided Owner agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title or possession of the
real property described in Exhibit A. All the terms, convenants 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 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 obligations imposed on Owner
by this agreement.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred beacuse: improvements are inappropriate at this time. The owner
agrees to dedicate a ten foot wide strip of land along his property frontage
when required for future street widening. All on site construction shall be
set back 30 feet from the existing property line.
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B 761 PAGf039
B. Owner 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 Department of Public Horks as
generally described below. (Cross out improvements that are not
required.)
14.
1:J.
. H.
1.
2.
3.
4.
5.
f.
7.
8.
9.
10.
Curb and gutter
Sidewalks
Driveways
Street grading, base and paving
Storm drainage facilities
C II I . 1 .l. _l ... L.... '"~" ..."d f~_ i llki II
Electrol iers
Underground conduit with wiring and pull boxes
Barricades and other improvements needed for traffic safety
Street trees and other improvements between the curb and
property line.
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D~1-T-"r!ln -~ -..:.....lnQ fQn,.~.... "ion'" '::',1!!1!l!J,;;:.7~_
Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvement;
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhibit A
Engineering and inspection and plan check fees
3.... 'l_ , _ __ _,,_ r __ , lit L_ -.
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11
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13.
C. When the City Director of Public Wo~ks 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 oarticipate 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 \>lORK
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 Public Works and to notify the
City at least q8 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
.
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B 761 PAGE640
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 ~rcperty cwners,
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 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 declslon 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' 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 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 damaqe to adjoininq prooerty.
\f 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 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 assuma 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 onission, including passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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B 761 p~.cE641
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 facilities or the adequacy, safety. use or non-use of
temporary drainage facilities, the performance or non-oerformance 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 'JfTNESS \mEREOF, City has executed th i s agreement as of
November 17, 1975
ATTEST:
CITY OF GILROY
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City Clerk
APPROVED AS TO FORM
City Attorney
IN WITNESS WHEREOF, Owner has executed this agreement as of
November 14, 1975
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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On this 14th day of November, in the year one thousand nine hundred and seventy-five
before me, SUSANNE E. STEINMETZ, a Notary Public, City Clerk, City of
Gilroy, State of California duly sworn} n~r~nn~11y Qrr~~r~rl nAI ~ ~ rONNELL
known to me to be Dale B. Connell described in and that he executed the
rWHhi n,instrument on hi sown behalf and acknowl edged to me that he executed
"tlje.sa~. .1NWlTNESS WHEREOF I have hereunto set my hand and affixed my
of.fi'cialse..al 'of the City of Gilroy in th~ rnllnty of Santi:! Cli:!ra th~ rl~&, and
,'year ijl'thfs c;ertificate first above written.
(if,hJ'~~~'~~!~f,p~'adno"ledged ~i th signatures as they appear
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Giltoy, State of ~ "fornia per CC Sec. 1181; GC Sec. 40814.
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