Construct Land Development Improvements - Gillerman Corporation, The
per GC Sec. 6103 No Fee
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~ITY OF GILROY
7390 Rosanna Street,
Gilroy, California
95020
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AGREEr1ENT BY mINER OR HIS SUCCESSORS IN INTEREST TOF:'~(
conSTRUCT LAND DEVELOP~lENT Ir,1PROVn1Er-lTS
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Project Identification: Assessor's Parcel No. 799-11-36
This is an aqreement between the CITY OF GILROY, hereinafter
referre.~Lto i.\S IICity", anri The Gillerman Corporation
herei nafter referred to as """"'1t:>r".
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HHEREAS, O\'lner 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.
nml, THERE FORE, IT I S AGREED:
1 . AGREErlENT B Inn PIG on SUCCESSORS PI 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
hp.rein 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 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 obl igations imposed on f)-mer by this agreempnt.
11. STREET AND DRAINAGE H1PROVH1ENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
These improvements will not be necessary until either of the
parcels is developed, at which time the entire frontage is to be
improved.
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,.'B. Owner agrees to construct the fot lowing imorovements on the
.. ~roperty described in Exhibit f-\ as well as required off site imorovements
in the manner set forth in this agreement:
Improvements required by. the City Oepartment of PubTic Horks as
generally described helm.... (Cross out improvements that are not
requ ired. )
I. Curb and ~utter
2. Sidewalks
3. Driveways
4. Street grading, base and pavin~
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other imorovements needed for traffic safety
10. Street trees and other improvements between the curh and
property line.
11. Street signs
12. Retocation of existinq fences, sions and utitities
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
t4. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. li/ater system
C. When the City Director of Public Wo~ks determines that the reasons for
the deferment of the imnrovements 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
en the tatest adooted county assessment roll. The notice shall describe the
work to be done by O\'mers. the time with i n wh i ch the work sha 11 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. Ear.h 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 orovided by others, the
notice shall include the amount to be paid and the time when payment must be made.
Ill. PERFORMAtICE OF THE \,'ORK
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 spaciflcations for the Improvements to be prepared by competent persons
legally qual jfied to do the work and to submi t said improvement plans and
specifications for anproval prior to commencement of the work described in the
notice and to pay city inspection fees. The work shali be done in accordance
with city standards in effect at t~e 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 agreemA.nt, City may, at its option,
do the work and collect all the costs from Owner. Permission 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 ~rcperty 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 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 decTsion of the Council shall be binding upon both City and Owner.
V! . HA I NTENANCE OF I ~1PROVEMENTS
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 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 tife or health or dama~e to adjoining prooerty.
VII. BONDS
Prior to approvat 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 'hy the
City Council in whole or in part upon comptetion 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 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 onission, includinq passive neo.ligence 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 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 provision shall
not be deemed to requTre the Owner to indemnify the City against the liability
for damage arising from the sole neglTgence or willful misconduct of the City
or Its agents, servants or Independent contractors who are directly responsTble
to the Ci ty.
IN. WITNESS WHEREOF, City has executed thIs agreement as of
October 15, 1979
ATTEST:
CITY OF GILROY
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~lty.Clerk ./ . .... ~ Mayor
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APPROVED AS T()'>~e.RM
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o /1l( t/-. (t~1 '; /.
Ci y Attorney .
IN WITNESS W'EREOF,
Owner has executed this agreement as of
October 1, 1979.
The Gillerman Corooration
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(This document to be acknowledged ~ith signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
Jd day of tJQ~V
and ~u.~ ~
, a &tary Publ i c, ~H ,
Ca I ornia, duly sworn, personally appeared ~
known to me to be r~ ...'il&/lA..-B-~ . de r i bed I nand
executed the withTn~ment on ~;~ behalf therein named, and
ledged to me that ~/ executed the same.
IN WITNESS \JHEREOF I have herellnto set my hand and affixed the official
seal of the CTty of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
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OFFICIAL SEAL
MARY M BUCCI
NOTARY PUBLIC - CALIFORNIA
SANTA ClARA COUNTY
My comm. GXjlires AUG 26, 1983 .
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