Construct Land Development Improvements - Gilroy Weighing and Receiving
~O fEE per GOVERNMENT CODE SEC. 6103
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61~750.12
fN. 6175042
r /~) CITY OF GILROY
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7390 Rosanna Street,
Gilroy, California
95020
E 037i)~GE 564
FILED
- AT
P7~.19
E 03;"I)~GE 564
P. n. Rox 66
i 10 r'rl '78
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AGREEf1ENT BY mINER OR HIS SUCCESSORS IN INTEREST TO
CmJSTRUCT LAND DEVElOPtlPlT mPRnVP1EtlTS
OFFICIA:'" RCCORDS]
st,N"T'A C'_ARJ\ COUNTYi
GEOHGE. A !A,I\NN ,-,
REGlf,TRAR r~EOOR-OERj
Project Identification:
This is an aqreement between the CITY OF GILROY, hereinafter
f ':tot 1Ir.'t II 1
re erre ,,0 "5 ,1 y, anr,ilroy Wpighing ~nil Rprpi"ing> Tnc.
by D:nriil T. Ditto. President
herei nafter referred to as I!')""~~rll.
UHEREAS, O\'1ner 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.
nOl!, THERE FORE, IT IS t\GREEO:
1. AGREEr1ENT Bl'lDING on SUCCESSORS PI INTEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he binding upon and inure to the benefit of the
successors in i nteres t of O\'Jner. Upon the sale or di vi s i on 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 01-mer by this agreement.
11 . STREET AND OR.A. I rlAGE H1PROVH1H!TS
A. City and Owner a~ree that the improvements set forth in
this section may be deferred because:
1. Improvements are inappropriate at this time
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E O~17;)~r,E 565
B. Owner agrees to construct the follrn~inq imorovements on the
property described in Exhibit A as welt as required off site improvements
in the manner set forth in this agreement:
Improvements required by. the City Department of Public \forks as
generally described helm..,. (Cross out irnproverlcnts that iJre not
requ I red. )
I. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7. Electroliers
8. Underground conduit with wiring and puTl boxes
9. Barricades and other imorovements needed for traffic safety
10. Street trees and other improvements between the curb and
property line.
11. Street signs
12. Relocation of exlstinq fences, si~ns and utilities
t3. Payment of a pro rata share of the costs as determined hy the
Department of Public \lorks of a storm drainaqe 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
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
t6. Water system
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 Tonqer 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 Tatest 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. Atl or 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 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 he 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 Councit. Owner shall cause plans
and specifications for the improvements to be prp.pared by competent persons
legally qualified to do the work and to submit 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 shall be done in accordance
with city standards in effect at the time improvement plans are submitted for
approval. Owner aqrces 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 agreement, City may, at its option,
do the work and collect all the costs from Owner. Permission to enter onto the
-2-
property of Owner is granted to City or Tts contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
E 0371'!GE 565
Owner agrees to cooperate upon notice by City with other ~rcpcrty Gwners,
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 instatlation 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 sha", 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! which are constructed and completed in accordance with City standards
and requirements and are instatled within rlQhts 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 damaoe to adjoininq prooerty.
VII. 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 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 !Iincluding death'l 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-
-3-
E 03;7:1~Gt 567
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
facillties, the performance or non-performance of the work. This provisTon shall
not be deemed to require the Owner to indemnify the City against the lTabillty
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 WHEREOF, City has executed this agreement as of
July 5, 1978
ATTEST:
C ITY OF GILROY
Jtffr~b~
; ;l<<fc
City Attorney
IN WITNESS WHEREOF, Owner has executed thIs agreement as of
June 22, 1978
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I I~ ' t-. ''l:7:CcL~'~. ?--J/-rc, --r--ct /('_-c:./"',
Mayor
APPROVED AS TO FORM
,44'<.-0 ~ ~ir,c-
(This document to be acknou>ledged U1ith signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
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On th I s v~ <.... day of \.. _ (;!\i ~. I n the yea r one thousand
nine hundred and ~J.)J...(;'Vc1...II:/~t~ kxf , before me, -J G It'i.l.....: 65'1
lIt r+ 'i r' l- ( i). a N~tary P b 11 e. C i"t'f~~~~.-ct<<y:\ G',i: my. State of
Call ornla, duly swo~n~1 personally appeared i~:_l::J \~ L j i -,:-::Q .
known to me to be ,. t\..~ f~(':\ (i'\. descrTbed in and that lrU
executed the within Tnstrument on behalf therein named, and acknow-
ledged to me that executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the offTcial
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
City Cler , City of Gilr y, State of California
p...erC.I.V. ~l,e'<j)de s~e... 1.1.'B; Go .v~rome t. Code See, 40814.
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