Construct Land Development Improvements - Giminez, Peter & Julia
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CITY OF GILROY
7390 Rosanna Street. P.O. Box 66
Gilroy, California
95020
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'3THAH hl<';ORDER
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
8405 Watsonville Road
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Project Identification: Parcell & 2 of Las Animas Ranch Lot 40
Assessor's Parcel Number 841-10-36 & 841-10-30
This is an agreement between the CITY OF GILROY, hereinafter referred
to as HCity", and Peter and Julia Giminez
Gilroy, CA 95020
hereinafter referred to as 1I0wnerll.
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 because:
Improvements which will be required upon development
of this property are inappropriate at this time.
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B. Owner agrees to construct the follrn~ing imorovements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this aqreement:
Improvements required by. the City Oepartment of Public Horks as
generally described belo\v. (Cross out improvements that are not
required.)
1. Curb and gutter
2 . 5 i dewa 1 ks
3. Driveways
4. Street grading. base and paving
5. Storm drainage facilities
{ . L re:li 8M 48.. t I i) 1 to 1 51. t i..l'ltJ fi..!1 ffill ill t i <"!oj
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. 96rriaad(.J ad tHI.':"1 iPR(.lls.Jn.PllJU'ltIJ AU"811 hI' 'rlffi, uh""
10. Street trees and other improvements between the curh and
property 1 i ne.
fl. &treet 8i~~g
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13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street Improvementi
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
16. Water system
C. When the City Director of Public Wocks 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 participate 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 he made.
III. PERFORMAtICE OF THE "'ORK
o.."c( agrees to perform the work and make the payments required by City as
~-~ forth herein or as modified by the City Council. Owner shall cause olans
and specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit said inrprovement 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 agrees to common~e and complete the work within the time
specified in the notice gIven by the Director of Public Works and to notify the
City at leas~ 46 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agreement, City may. at its option,
d~ 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 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 II which are constructed and completed in accordance with City standards
and requirements and are installed 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 damaqe to adjoininq prooerty.
VII. BOHOS
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 r(leased 'hy 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 ~F Injury "including deathll to persons or damage to oroperty
suffered throu~ any act or orrission, including passive neqligence or act of
neg1igencr, 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 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 WHEREOF, City has executed this agreement as of the 20th day
of September, 1976
ATTEST:
CITY OF GILROY
APPROVED AS TO FORM
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IN WITNESS WHEREOF, Owner has executed this agreement as of 10th
day of Sept., 1976
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(This document to be acknO/JJledged 7.Jith signatUPes as they appeaP on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On th f s 16th day of September
nine hundred and seventy-six
Steinmetz , a Notary Public, City
CalIfornia, duly sworn, personally appeared
known to me to be the persons
executed the within Instrument on their
I edged to me that they
in the year one thousand
, before me, Susanne E.
Clerk, City of Gilroy, State of
Pete and Julia J. Gimenez
descrt bed I n and that they
behalf therein named, and acknow-
executed the same.
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 certificate first above written.
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~er Civil Code Sec.
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