Construct Land Development Improvements - Kludt, Linton
~
(ITY OF IJILROY
73QO Rosanna Street, P. O. Box 66
Gll roy t Ca 1 i fornia
95020
5560523
C 619 PAGr54.8
AGREEf1ErH BY mINER OR HIS SUCCESSORS IN INTEREST TO
CDrJSTRUCT LAND DEVELOPt1ENT IMPROVEMEtnS
Project Identification:
480 Lewis Street
This is an aqreement between the CITY OF GILROY. hereinafter
referre-:J.to as "City", anrJ
Linton Kludt
herei nafter referred to as II "'.'!1f:!r" .
HUEREAS, Owner desires to subdivide or develop the prQperty
described in Exhibit A and wishes to defer cnnstruction of pe~nent
improvements and City agrees to such defennent provided Owner .grees
to construct improvements as herein provided.
NOH, THEREFORE, IT IS AGREED:
1. AGREErlENT BIflD1"tG Ofl SUCCESSORS 1ft INTEREST
This agreement, toqether with the .ttached stipulations. is eft
instrument affecting the title or possession of the re.l property
described in Exhibit A. All the terms. eonvenants ~ndcond1t1oft'
herein imposed shall be bindiQg upon and inure to the beftefft of'the
successors in interest of ~mer. Upon the sale or division qf th~
property described in Exhibit A. the terms of this .g....nt shall
apply separately to each parcel and the ONner of each pare.' $hll1
succeed to the obligations imposed on Owner by this agreement.
11. STREET AND DRAINAGE It4PROVEMENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
Improvements are inappropriate at this time.
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FILED FOP pi CORD
AT REQU[' I OF
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fEB ~3 la' AM '11
OFFICIAL RECORDS ,
(SAN,. A CLAn l\ oOUNT'l:
:GeORGE: A MMm ,. .' .
'REGISTRAR HECORDER1
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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 '-forks as
general ly described below. lCross out improvements that are not
required.)
1. Curb and qutter
2. Sidewalks
3. Driveways
~. Street grading, base and paving
5. Storm drainage facilItIes
-fi. Ll"9sle.. cOAtrgl "Iantlness and facilities
7. Electrollers
8. Underground conduit wIth wiring and pull boxes
". Barricades and ether impr8veffteJnU needeA for traffIc safety
10. Street trees and other improvements betwp.en the cur~ and
property line.
11. Str~~l ~lQn5
12. Relocation of existinq fences, si~ns and utilities
I). Payment of a pro rata share of the costs as determIned by the
Department of Public Works of a storm drainage or street Improvement;
which has been, or 15 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
-IS. Sanitary lewage faGIlltles
t~. Wat~r "stel'"
c. When the City Olrector of Public Woeks detenmlnes that the reasons for
the deferment of the improvements as set forth-In sectIon II no tonger exist,
he shalt noi'fy Owner In wrlttng to commence theIr installation and construction.
The notIce shall be malted tn the current owner or owners of the land as shown
on the latest adOPted county assessment rol,. The ~otlce shall describe the
work to be done by owners, the time within which the work shall commence and the
time within which the work shatl be completed. Allor any portion of said Im-
provements may be requtred at a specified tIme. Each owner shatl 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 shall Include the amount to be paid and the t'me when payment must he made.
, II. PE_R!O~"'.At-'-~E Of" THE WORK
~.ner agrees to perfonm the work and make the payments required by City as
r . forth herein or as modifIed by the City Council. Owner shatl cause plans
and specifications for the Improvements to be prepared by competent persons
legally qualified to do the work and to submit said 'mprovement plans and
specifications for a~proval 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 aqrees to commence and complete the work within the time
specified In the notice gfven by the Director of Public Works and to notify the
CIty at le3st 48 hours prior to start of work. In the event Owner falls to
construct any improvements required under this agreement, City may, at Its optlont
d~ the work and collect all the costs from Owner. Penmlsslon to enter onto the
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C 619 PAGf550
property of Owner Is granted to City or Its contr~ctor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with othftr ~rcperty cwners,
the City and other public aqencles to provide the Improvements set forth herein
under a joint cooperative plan Including the fonmatlon of a local Improvement
dlstrlctt 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 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 thereoft to submit plans to the appropriate City agency for revIew,
if required, and to maintaIn said tmprovements and facilities In a manner which
will preclude any hazard to life or health or damage to adjoining property.
V II. BO~IOS
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 -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 perfoMm
the work to maintain, at all times during the performance of the work called
for hereint a separate policy of insurance In a fonm and amount acceptable to
City.
I X. 'NOEMN 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 ,..F Injury "including death" to persons or damage to Droperty
suffered throlJC''' any act or OITlssiont including passive negligence or act of
negligencr, or botht of the Owner. his employees, agentst contractors. sub-
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C 619 PAGf551
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 t Ity .
IN WITNESS WHEREOF, City has executed this agreement as of
February 7, 1977
ATTEST:
CITY OF GILROY
d~:~b - 08
/ ty erk '
APPROVED AS TO FORM
IN WITNESS WHEREOF, Owner has executed this agreement as of January
28, 1977
_~A~~
(This document to be ackru:AJ'tedged 1J1ith signatuzaes as they <ZppfJQ2t on dud of utlsi
STATE OF CALIFORNIA )
)sSe
County of Santa Clara )
On this 28th day of January
nine hundred and seventy-seven
Steinmetz , a Notary Public, City
CalIfornia, duly sworn, personally appeared
known to me to be the person
executed the within Instrument on his
ledged to me that he
I n the year one thousand
, before me, Susanne E.
Clerk, City of GIlrov. State of
Linton Kludt
described In and that he
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.
/
/61~4~ (;, J~
/Clty Clerkt City of Cllroy, State of Ca 0 fa
per Civil Code Sec. 1181; Government Code Sec. ~0814.
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