Construct Land Development Improvements - Granite Construction
/'
NO FEE per GC Sec. 6103
F 937 ~~':: 260
6994523
.
CITY OF GILROY r 't~:l~ i\EC.1~ES i olMllhflJ".
73QO Rosanna Street, P. O. Aox 66 ~~I~~"- (1
Gll~~02galifOrnia H':',R- 3d3 441\NtBI
F 931 ;w;: 260 r~" '(\~ f;l)i:T:S .
i.......... ,,..~,'),.-:-'-_-'.it_f~'q_r_ UJ....L).~
AGREH1fNT BY OlltlER OR HIS SUCCESSORS IN 1~;~6Sf l!f&/ ~'. ~'o'" ...
~ COnSTRUCT LAND OEVElOPf1HIT H1PROV,n1HITiSEG1Sl ,0.1,:/. t :...'>.J',hUt.R
Project Identification:
]21 Renz ~ane. Assessorl~ Parcel #841-/0-019
0{t
Thi$ i$ an aqreen~nt between the CITY OF GILROY, hereinafter,
referrej. to ctS IICi ty" t anti
~raDit~ ConstructiQo ComDanx
hereinafter referred to as '1 "\'''!'lP'fll .
\/t1EREAS. O\'Jner desires to subdivide or develop the property
d~scribed in Exhibit ^ and wishes to defer construction of penmanent
improvements and City ~qrees to such deferment provided Owner agrees
to con$truct 1mprOVimlents a~ herein provided.
flOUt T1IEREFORE. IT IS AGREED:
1. . AGRfE:tlENT BIfJr)P1G 011 SUCCESSORS HI INTEREST
.& ... .
Thi$ agreement. toqether with the attached stipulations. i5 an
instrument affect1nq the title or p05se$s1on ot the real property
. described in Exhibit A. All the tenms. convenants and conditions
hp.rein imposed shall be binding uijOn end inure to the benefit of the
successors in inter~5t of ~mer. Upon tho sale or division of the
property descr1red in Exhibit A. the tenms of this Agreement shall
apply ~eporately to p.ach pdrcel and the o~mer of eech parcp.l ~hall
succeed to the ob1194t1ons 1""osed on O"/rwr by thh agreement.
1,. STREET Arm ORAWAGE If.fPROVfHEHTS
r "IlCl Tl I' ~
A. City and Owner aqree that the improvements let forth in
this 56ct1on rtWly be deferred because:
The~e improvements are inappropriate
at this time.
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 aqreement:
Improvements required by. the City Department of PublIc I/orks as
generally described balm... (Cross out improvements that .:Ire not
requ I red. )
II.
42.
13.
14.
15.
16.
1.
2.
3.
4.
5.
r...
7.
8.
(L
10.
Curb and nutter 61
Slclc\ialks F 937 i'~~:2
Driveways
Street gradlnQ. base and paving
Storm draInage facilities
Erosion control plantlnQs and facilities
Electrollers
Underground conduit with wirln~ and pull boxes
Barricades and other improvements'needed for traffic safety
Street trees and other improvements betw~en the curb and
property line.
Str8lilt Ii Igni.
Rlillg~4tlon of exl6tinq feAcei. il~n' ~nd wtllltl.,
Payment of a pro rata share of the costs as determIned hy the
Department of Public \/orks of a storm dralnaqe or street ImprovemenL
whIch has been, or Is to be, provided by Owner and others where such
facility benefits th~ property described In ExhibIt A
EngineerIng and Inspection and plan ch~ck fees
Sinltary iew~qe facilIties
Wat8r li'/H~m
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 lonqer exist.
he shall'notlfy Owner In writing to commence their Installation and construction.
The notice shat I he mal led to the current owner or owners of the land as shown
on the latest adooted county assessment rol,. The notice shatl 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 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 shal I Include the amount to be paid and the time when payment must he made.
III. PfRFORMA'ICE 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 Councl I. Owner shalt cause Dldns
and specifIcations for the Improvements to b~ rr~pared hy competent persons
legally qualified to do the work and to submit said Imorovement plans and
specifications for aoproval 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 Imp,.ov~ment nlans are submitted for
approval. Owner aqrpcs to commence and cOf'lplete the work within the time
specified in the notice given by th~ Director of Puhllc \~rks and to notIfy the
City at least 48 hours prior to start of work. In the event Owner falls to
construct any improven~nts r~Quired under this agreem~nt. City may. at Its option.
do the work and collect all thf' costs from Owner. PermissIon to enter onto the
-~-
property of Owner Is granted to City or Its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
F 937 p~~: 262
Owner agrees to cooperate upon notice by City with oth~r ~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 Tmprovement
district, If this method Is feasible to secure the Installation and construction
of the Improvements.
V. REVIEW OF REQUIREMENTS
If Owner dlsaqrees with the requirements set forth In any notice to
commence Installation of Improvements he shal', within 30 days of the date
the not i ce was nNl I led. reques t a rev i ew of ,the requ I remen t5 by the City Counc I I .
The decision of the Council shall be binding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMWTS
City agrees to accept for maintenance those Tmprovements specified In
Section I I which are constructed and completed in accordance with City standards
and requirements and are Instalted within rlqhts of way or easements dedicated
and accepted by resolution of the City Council.
Owner agroes to provide any neces,ary temporary drainage facilities, ascess
road or other required Improvements. to assume responsibility for the proper
functlonln9 thereof, to submit plans to the appropriate City aqency for review,
if required. and to maintain said Improvements and facilities In a Illanner which
wl11 preclude any hazard to lIfe or health or damafle to adJolnlnq pl"Operty.
\III. BONDS
Prior to approval of Improvement plans hy the City. Owner may be required
to e)(ecute and dellver to the City a faithful performance bond and it labor and
mater I a 1 s bond I n an amount and form acceptab Ie to City to be "lea~ed 'hy th~
City Council in whole or In part upon completion of the work required and payment
of at I persons furnishing labor and materIals in the performance of the work.
VIII. INSURMICE
Owner shall maintain, or shall require any contractor engaged to perform
the work to maintain, ~t 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. INDEMN ITY
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 onlsslon, includinq passive neqllgence or act of
negligence. or both, of the Owner, his emptoyee$. agents, contractors, sub-
-3-
.t
F 937 ~~~: 263
contractors, or anyone dlrectlY,or Indlr~ctly 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
Februa ry 17, 1981
ATTEST:
CITY OF GILROY
APPROVEO AS TO' FO~/)
(j V24k Illl
C ty Attorney
IN WITNESS WHEREOF, Owner has executed this agreement as of
A~b~
~~l'!'~ '. ;
February 6, 1981
GRANITE CONSTRUCTION COHPANY
By:
){\. !".\ .~
Mike NcE 1 roy . ..
Vice President
", "'; '\.1::
, .., ~!, ;,... ";
- ,.
."
.-,'..""'..' .." J~
~ ,)00'
: \,
'-.
.,( 'e' /:
I
~tate of ClkIifornia
COUNTY OF SANTA CRUZ
I ss.
F 937 P~2: 264
0Jrn tqi5 6 t h
day of
February
A.D., 19~, before me,
Fern Stroh
a Notary Public in and for the said County and State, personally appeared
MIKE McELROY
, known to me to be the
Vice President
GRANITE CONSTRUCTION COMPANY of the
the Corporation that executed the with' I lr
executed the within instrument on lb hnif ument, known to me to be the person who
acknowledged to me that such Corporati~ a of thde theCorporation therein named and
on execute same '
OFFICIAL SEAL ne55, ;Bfq.ereof, I have hereunto set my hand and . l' , ,
FE~N STROH day an year In this certificate first above written. affred my offiCial seal the
NOTARY PUBLlC-CALlFORNiA_0 B'
Princioal Office in SANTA CRUZ County 0. !- . i
My CommiSSIOn Expires April 29. 1983 ,..(.t /t'- ~ ~
.-""...."". 'O'''<}~' ..,....~",..___.r~... Nbtary Public in and for said County and State
My Commission Expires April 29, 1983
City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814.
-4-
.. ~
;;..:
Ronon
------
/
/
/
//
/'//
/
//
F 937 ~~~: 265
//
/
./
/
//
3B6/14
.' ~-"'
\
\",~rl~
\\
\\
'\'e.0-'t'<\ \
'~\\
\ \\
1 !
!
285/45
"-
'~ "
~
I
~"
~
30c' 1
~
Ijj
" EXHIBIT A "
72] Renz Lane - Gran'lte C
onstruction Co.
No. 8]-2
f;t