Construct Land Development Improvements - Hirasaki, Manabi
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A T REQU[~r OF
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CITY OF GILROY
7390 Rosanna Street, P.O. Box 66
Gilroy, California
95020
NO FEE
OFFICIN. H 'GCHDS
SANTt, CLAnA COUNiY
GEOF\8c A MM:N
REGlsml~R RECC'FuER
AGREEMENT BY OWNER OR HIS SUCCESSORS IN l~rrEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Project Indentification: A 2.69 AC portion of Parcel 841-16-29
This is an agreement between the CITY OF GILROY, hereinafter referred
'r
to as "City", and Manabi Hirasaki
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862 Camino Concordia
Camarillo, California 93010
hereinafter referred to as "0wnerll.
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 1t1PROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred beacuse: improvements are inappropriate at this time. The
o~ner or his assigns agree to enter an Assessment District for the improvements
llsted on page two.
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B 827 PAGf275
B. Owner agrees to construct the foll~/in9 imorovements on th~
property described In Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required b)! the City Department of PlIbli-c Horks as
generally described below. {Cross out improvements that are not
required.)
l. Curb and 9utter
2. Sidewalks
3 . 0 ri veways
~. Street gradino, base and paving
5. Storm drainage facilities
6. Erosion control plantin~s and facilities
7. Electro1iers
8. Underground conduit with wiring and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements betw~en the curh and
property line.
11. Street signs
12. Relocation of existinq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined hy the
Department of Public Works of a storm drainaqe or street improvement;'
which has been, or is to be, provided hy Owner and others where such
facility benefits the property described in Exhibit A
l~. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. \-/ater system
C. When the City Director of Public Woeks determines that the reasons for
the deferment of the Improvements as set forth in section It 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 co~nence 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 i~provements to be installed. If Owner is
obligated to pay a pro rata ~hara of a cost of a facility provided by others, the
notice sh~11 include th~ amount to be paid ~nd the time when payment must he made.
III. PF.RFO.R!"!,n~E~I.tIE WORK
r.."e( Clqrees to perforM the work and make the payment~ required by City as
r - forth herein or as modified by the City CouncIl. Owner shall cause D1ans
and specifications for the improvements to be prepared by competent persons
legally qualified to do the worl< 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 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 ~8 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. Pennission to enter onto the
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B 827 PAcr2i6
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 disagrees 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 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 agency 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.
"II. 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 rtleased '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 en9aged 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. 1 NDEMN 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 oroperty
suffered through any act or onission, including passive ne~ligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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B 827 PAGE277
contractors, or anyone directly or indirectly em~loyed by either of themt 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, safetYt use or non-use of
temporary drainage facilities, the performance or non-oerformance 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 '1ITNESS WHEREOFt City has executed this agreement as of
November 17, 1975
ATTESt': "
CITY OF GILROY
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Mayor
APPROVED AS TO FORM
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,J/Ut& (([I > ,Yat,r!:-
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City Attorney
IN WITNESS WHEREOF, Owner has executed this agreement as of
December 3, 1975
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(This document to be ackno\ ledged with signatures as they appear
on deed of title.)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 3rd day of December, in the year one thousand nine hundred and seventy-
five, before me, SUSANNE E. STEINMETZ, a Notary Public, State of
Cal.ifornia duly sworn, personally appeared MANASI HIRASAKI known to me
to be the person described in and that executed the within instrument,
a,nd,acknowledged to that he executed the same.
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"HLWITNESS WHEREOF I have hereunto set my hand and affi xed the offi ci a 1
$,~al:qf the City of Gilroy, County of Santa Clara, State of California the
~3~;;;:~::) i s c:;rtc;~z: ::::e c~:::t::. the City of Gil roy
,per CC Sec. 1181; GCSec. 40814.,-
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