Construct Land Development Improvements - Kishimura, Robert and George
~us'mne E. Steinmetz,
.':ity of liilroy
,-351 Rosanna St.
:ilroy, CA 95020
CITY OF GILROY
City Clerk m FEE PER GC SEC 6103
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K 253PAGf1528
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7351 Rosanna Street
Gilroy, California 95020
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AGREEMENT BY OWNER OfZ illS SLl('CE3S0R$:lN INTEKEST.~TY
CONSTRUCT LAND DEVELOPIIENT IMI'ROVir:i1):;<<T'S" 'lio. 87-15
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Project Identification: Scientific Garnes APNiJ- 835-02-012
8899 Murray Avenue, Gilroy, CA 95020
This is an agreement between the City of Gilroy, l~ereinafter
re.rerred to as "City", and Robert and George KJ_shlmura
See Exhibit
"A"
hereinafter referred to as "Owner".
WHEREAS, Owner of the property descrihed in Exhibit A, wishes to defer
construction of permanent improvements and City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
NOYI, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
Th: s agreement, togeth('r 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 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.
I I. STREET AND DRAINAGE HlI'ROVl::HENTS
A. City and Owner agree that the improvements set forth in this sec:..ion
may be deferred because:
development and imorovernent of the future east-west street is nremature
at this time. However, at the time the east-1;vest street is reauired,
landscaping and access improvements on the north side of the Scientific
Garnes parcel shall be required.
B. Owner agrees to construct the following improvements on or adjacent to
the property described on Exhibit A as well as required off site improvements
in the manner set forth in this a~reement:
Improvements required by the City Department of Public Works as generally
described below. (Cros8 out improvem.ents that are not required.)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Curb and gutter.
Sidewalks.
Driveways.
Street grading, base and paving.
Storm drainage facilities.
Erosion control plantings and facilities.
Electroliers.
Underground conduit with wiring and pull boxes.
Barricades and other improvements needed for traffic safety.
Street trees and other improvements between the curb and property
line.
Street signs.
Relocation of existing fences, signs and utilities.
Payment of a pro rata share of the costs as determined by the
Department of Puhlic Works of a storm drainage or street improvements
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhihit A.
NOTE: Fees are payable at the rate in effect at time of payment.
Engineering and inspection and plan check fees.
Sanitary sewage facilities.
Water system. Photographic fmsge may be
poor due to condition of
original document.
1l.
12.
13.
14 .
15.
16.
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K 253PAGc1529
C. When the City Director of l'ubli c Works determines that the reasons
for the deferment of the imprGvcments as ~;et forth in section 11 no longer
,xist, he shall notify Owner in writ ing to commence their installation and
construction. The notice shall be mailed to thc current owner or owners of the
land as shown on the latest adoptcd cOLlnty 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. All of any portion of said
improvements may be rcquired 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 rate share of a cost of a facility provided by others,
the notice shall include the amoLlnt to be paid alld the time when payment ITlULt be made.
I II., PERFOIU1ANCE OF THE WORK
Owner agrees to pcrform thc work and make the payments r'-!qui red by Ci ty
as set forth hcrein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements to be prepared by competcnt persons
ler,ally qunU fled to do thc work and to submit silid improvemcnt plCln8 and
.'pecificatio;'b for approval prior to comlll(~ncement of the work described in the
notice ane to pay city inspection fees. The work shall be done in acconlance
with city standards in effect at the time improvement plans are submitted for
ilpproval. O....'ner agrees to commcnce and complete the work within the time
f',pecified in the notice given by the Director of Public Works Clnd to nottfy the
City at least 48 hours prior to start of work. In the event Owner fails to
cons t ruct any improvements requi red undcr this agreement, Ci ty may, at its
option do the work and collect all 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 JOlin COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other property owners, the
City and othcr public agencies 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 PJ~VlEW OF REr)UIREt1[NTS
If Owner disagrees with the requirements set forth in any notice to commence
installation of improvcments 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 ~lAINTENANCE OF HiI'IWVEMENTS
City uijrces to accept for mainteJlanCI~ those improvements specif ied in Section II
which are constructed and completed in accordullce with City standards and requirements
and ilre installed within rights of way or easements dedicated and accepted by resolution
of the City Council.
Owner agrees to provide any nece~,sary temporary drainage facilities, access roads
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 damage to adjoining property.
VII HONDS
Prior to approval of improvement plans by the City, Owner may be required to
execute and deliver to the City a faithful performance hond and a labor and materials
bond in lln amount and form acceptable to City to be released by the City Council in
\Jhole or in part upon completion of the work required and payment of all persons
furni shing labor and materials in the performance of the work.
VIII
INSUIU.NCE
Owner shall maintain, or slwl1 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 II form and amount acceptable to City.
IX lNDEtlNITY
The Owner 6hall assume the defense and indemnify and save lwrmless the C~ty, its
officers, a:'..'11LS and employees, from cvery expense, liability or payment !'y reason of
injury "including dcath" to persons or damage to property suffercd through any act or
K 253PAGE1530
omission, including passive negligence or act of negligence, or both, of the Own~.. hiu
employees, agents, contractors, sub-contractors, or anyone directly or indlt~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 al'ising out of the
deferment of permanent drainage facilities or the adequacy, safety, use or non-use of
temporary drainage facilities, the performance or lion-performance of the work.
This provisIon shall not be deemed to rNJldre 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 (Ilrectly
responsible to the City.
IN WITNESS WHEREOf, City has ex.ecuted this agreement as of
July 6, 1987
ATTEST:
CITY OF GILROY
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CITY ADf'lHHSTRATOR
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IN I-lITNESS
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WH~EOF ,
Owner has executed this agreement as of
June 26, 1987
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)93.
COUNTY OF SANTA CLARA )
On this 26th day of June in the year one thousand nine
hundred and eighty-six , Notary I'ublic, City Clerk, City of Gilroy
State of California, duly sworn, personally appeared ROBERT AND GEORGE K1sHlMURA
known to me to be the persons described in and that they
ex.ecuted the within inutrumcnt on their beholf therein named, and
acknowledged to me that they executed the same.
IN \HTNESS 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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i ty C~~ r'k.jt'I' ~i t y oP Cll roy, St ate
per Civil CDde Sec. 1181; Governme
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Exhibit "A"
APN+835-02-0 12