Construct Land Development Improvements - Diehr, James A.
223
E 427f'!GE 173
7390 Rosanna Street, P. n.
Gilroy, California
95020
E 427r.!r;f 173
Aox 66 D~'
6346763
fiLED fOR RECORD
AT REQUEST OF
CITY OF GILROY
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AGREEf.1ENT BY OtJNER OR HIS SUCCESSORS IN INTEREST TO
COnSTRUCT LAND DEVELOPt1ENT H1PROVEr-1ErnS
OFFICIAL RECORDS
SANTA CLARA COUNTY
GEORGE l. !\.tANN
REGISTRAR RECORDER'
Project Identification: Assessor's Parcel #841-1-63
This is an agreement between the CITY OF GILROY, hereinafter
referreCl'. to ~s IICityll, anr1
JM1ES A. DI EHR
hereinafter referred to as 1!"""'1~rll.
HUEREAS, O\'Jner 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. AGREErlENT BIflOING or! SUCCESSORS HI INTEREST
This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property
described in Exhibit A. Ail the terms, convenants and conditions
herein imposed shall be binding upon and inure to the benefit of the
successors in interest of ~mer. 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 o~mer of each parcpl shall
succeed to the ob 1 i gati ons ilf4)osed on 01.mer by thi 5 agreement.
11. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner a~ree that the improvements set forth in
this section may be deferred becausp:
1. Improvements are inappropriate at this time.
2. Owner agreees to install all street improvements required
within one year of the installation of such improvements
by the property owner north of this property.
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E 427\)~G: 174
B. Owner agrees to construct the following imorovements on the
property described in Exhibit A as well as required off site imorovements
in the manner set forth in this agreement:
Improvements required by' the City Oepartment of Public Uorks as
generally described be1m-J' (Cross out improverJents that Jre not
requ I red. )
1. Curb and gutter
2 . 5 i dewa 1 ks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control pTantinQs and facilities
7. Electrol iers
8. Underground conduit with wiring and pull boxes
9. Barricades and other imorovements needed for traffic safety
10. Street trees and other i~provements between the curh and
property line.
11. Street signs
12. Retocation of existinq fences, sj~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public \Jorks 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
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
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 tand 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 ti~e. Each owner shall participate on
a pro rata basis in the cost of the imorovements to be instatled. 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. PERFORMAtICE OF THE \>IORK
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 shatt cause plans
and specifications for the improvements to be prepared by competent persons
legally quatified to do the work and to submit said improvement plans and
specifications for aoproval prior to commencement of the work described in the
notice and to pay city inspection fees. The work shalT 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 agreem~nt, City may, at its option,
do the work and collect atl the costs from Owner. PerNission to enter onto the
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property of Owner is granted to City or its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
E 4Z7?'!&E 1.75
Owner agrees to cooperate upon notice by City with other rrcperty cwners,
the City and other public aqencies 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 disaqrees 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 decTsion of the Council shall be binding upon both City and Owner.
V I . HA I NTENANCE OF I HPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section I I which are constructed and comoteted in accordance with City standards
and requirements and are installed within riqhts 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 damaoe to adjoininq property.
"II. BO~IDS
Prior to approvat of improvement plans hy 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 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. INDEMNITV
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 !Iincludlng death" to persons or damage to property
suffered through any act or onission, including passive neo,ligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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E 427p~Gt 176
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-performance of the work. This provTsion shall
not be deemed to require the Owner to indemnTfy 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 \mEREOF, City has executed this agreement as of
March 19, 1979
ATTEST:
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APPROVED AS TO FORM
CITY OF GILROY
IN \-/ITNESS
Owner has executed this agreement as of
Februarv 23. 1979
(In~vidual)
sf TE OF CALIFORNIA
COUNTY OF Santa Clara
tOn Februarv 23, 1979
State. personally appeared
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427p!GE 177
before me, the lUIden' --'
J ame sAD' hllD-.. Notary Public ia Uld ·
. le r .or laid
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~ to be the person whose name i S
· to the within instrument and a kId ed
~ executed the Bame. c now e g that
I WITNESS my hand and official seal. / ,
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Name (Typed or Printed)
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JANICE STONE
NiJ~ary Put!ic . California
S"n~a Clara County, CA
State of
lO'"':r~:~m~!:~io.,n,ex!,~~es N~vcmber 17. 1980
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acknow-
ledged to me that
IN WITNESS WHEREOF I have hereunto set my hand and affTxed the orflcial
seal of the City of Gilroy in t~e County of Santa Clara the day and year in
this certificate first above wrItten.
City Clerk, City of Gilroy, State of CalTfornia
per Civil Code Sec. 1181; Government Code Sec. 40814.
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