Construct Land Development Improvements - Espinosa, Manuel
per GC Sec.6103 No Fee.
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Jeny OF GILROY
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~ 7390 Rosanna Street,
Gilroy, California
95020
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AGREEf.1ENT BY OUNER OR HIS SUCCESSORS IN INTEREST TO Ii !
COflSTRUCT LAND DEVElOPt1ENT H1PROVEr1PlTS
Division of Parcel "AII, Book 365 of
Maps, Page 37, portion of Sublet XXI,
Project Identification;Las Animas Rancho partition - Map No.8
A p ms4 I - 1l-4 I .
This is an agreement between the CITY OF GILROY, hereinafter
referre.~to (\s "City", anrf Manuel Espinosa et al
IJt-Y
herei nafter referred to as """"1~r".
t'HEREAS. O\'/ner des i res to subdi vi de 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.
tlOI!, THERE FORE. IT t S AGREED;
1. AGREEt1ENT BrnOP1G ml SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, 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 O~mer. Upon the sale or division of the
property described 1n Exhibit A. the terms of this agreement shall
apply separately to each parcel and the owner of each parcpl shall
succeed to the obl igations imposed on O\,mer by this agreement.
11 . STREET ANO DRAIrJAGE H1PROVEr1HITS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
1. Complete improvements are not appropriate at this time.
Unless called for earlier by the City, these improvements
shou 1 d be ins ta 11 ed upon the ons i te deve I opment of the pa rce I
adjacent to the needed street improvements or upon the
development of the frontage street improvements on the
property immediately to the East of this site, whichever occurs
firs t.
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B. Owner agrees to construct the fol1m'Jinq imorovements on the
property described in Exhibit A as well as required off site improvements
In the manner set forth In this a~reement:
Improvements required by. the City Oepartment of Public Horks as
generally described i"e)o~". (Cross out ir:lprovemcnts that i.1rc not
requ ired. )
1. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
h. Erosion control plantinQs and facilities
7. Electroliers
8. Underground conduit with wirln9 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. S tree t s I qns
12. Relocation of exlstinq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined hy the
Department of Public \Jorks of a storm drainaqe or street ImprovemenL
which has been, or is to be, provided hy Owner and others where such
facility benefits the property described In ExhIbit A
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities (and extension of SS main to serve property).
16. Water system
C. When the City Director of Public Wotks 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 shal I 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 he completed. Allor any portion of said Im-
provements may be required at a specified time. Ear.h owner shall participate on
a pro rata basis in the cost of the imorovements 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 plans
and specifications for the Improvements to be prepared by competent persons
legally qual ified to do the work and to submit said improvement plans and
~peclflcations for anproval prior to commencement of the work described in th~
notice and to pay city inspection fees. The work shall be done In accordance
with city standards in effect at t~e time improvement nlans are submitted for
approval. Owner aqrces to commence and complete the work within the time
specified in the notice given by t~e Director of Public Horks 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 all the costs from Owner. Perrrussion 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
Owner agrees to cooperate upon notice by City with other ~rcp€rty 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 disa~rees 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 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 requi rements 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 aqency 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 adjoining prooerty.
\f II. BO~IDS
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 ffteased '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.
I X. I NDEMN ITV
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
suffered through any act or o"ission, includinq passive neqligence or ~ct of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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contractors, or anyone directly or indirectly employed by either of thems 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
or Its agents, servants or Independent contractors who are directly responsible
to the City.
IN WITNESS \mEREOF, City has executed th I s agreement as of
October 15, 1979
ATTEST:
C ITY OF G' LROY
/d.~~0of~-
APrROVED AS TO FORM
IN WITNESS WHEREOF, Owner has executed this agreement as of
October
10, 1979
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(This document to be acknowZedged ~ith signatures as they appear on deed of title)
STATE OF CALIFORNIA }
}ss.
County of Santa Clara }
On th Is 10th day of October I n the year one tho.usand
nine hundred and seventy-nlne , before me, Susanne c.
Steinmetz .' a Notary Public, Clt~ Clerk~ City of Gilroy, State of
California, duly sworn, personally appeared Manuel tSplnosa
known to me to be the person described In and that he
executed the within Instrument on his behalf therein named, and acknow-
ledged to me that he executed the same.
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IN WITNESS WHEREOF I 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 certi,fklat~,fir5t above written.
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ltynerR. City 9
per CIV i I Code Se.c.
rnia
Sec. 40814.
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