Construct Land Development Improvements - Konle Development
NO FEE per GC Sec. 6103
G 782 :'~G: 535
7363326
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REC. FEE
F!LED FO'~ "ECO?.D
i1~E:U l:rl:,F:"Z
MAY I 3 19~?t. ... .
CITY OF GIl.ROY
MICRO
LIEN NOT
7351 Rosanna Street, P.O. Box h6
Gilroy, California 95020
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Ar.RO:llENT HY miNER 01{ III S SIICCESS()I{S IN INTr:I{EST TO
CONSTRIlCT lAND DEVI-: l.0 PIIENT lt1PIWVf.lfENTS # 82-12
Project Identif icat ion: _~rtion--2-:t}~~~~_s_s_q!,_'~__ parce}.__# 841-:!?-<LQ.~ ___
This is an agreement hetween thp. City of r.1lroy. hereinafter
referreci to as "Ci ty", and Konle Developmen~_ Ltd.
hereinafter referreci to as "Owner".
HHEREAS, Owner of the property descrihp.d 1n Exhihit A, wislws to deft'r
construction of permanent improvements and City agrees to such deferment
provideci Owner (or Successor in interest) agrees to construct improvements
8S herein provideci.
NOW. THEREFORE, IT IS AGREED:
1.
Ar.REFtIENT fHNDING ON SIJr.CESSORS IN INTEREST
This agreement, together with the attached stipulations. is an instrument
affecting the title or possession of the real property descriheci in Exhihit A.
All the tenlUi, convenants anci conditions herein imposed shall he hinding upon
anci inure to the henefit of the slIccessors in interest of Owner. Upon the Hale
or division of the property described In Exhihit A, the terms of this agreement
shall apply separately to each parcel and the owner of each parcel shall succeed
to the ohligat ions imposed on Owner hy this agreement.
I I. STREET AND DRAINAGE ItIPROVEttf.NTS
A. (;ity and Owner agree that the improvements set forth in this section
may he deferred hecause: These fees are inappropriate at this time,
but will be payable with the building permits at the rate in effect
at that time.
B. Owner agrees to construct the following improVf~ments on the prolwrty
descrihed on Exhihit A as well as required off site improvements in the manner
set forth in this agreement:
Improvements requirecl hy the C1 tv Department of Pllhlic \~orks as gl'llt>rall y
described helow. (Cross out improvements that are not reCluired.)
1 .
2.
1.
4.
5.
h.
7.
8.
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j 10.
11.
12.
13.
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l;l~;o r f11Y.
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Storm drainage facilities.
Erosion control plantings anrl facilities.
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V'I"t~/;{y'?4Jy1/~#/1jt ;\ftJ.,VI/Vr;1fi,ili/rN /J'W A/>/.it/.
lfiyrJj.1i~1 14CY />J-Y4V /1/nplc/vt~-.Ar<'ii Mi/t/f}" JI>I It/rid I tel /...Itl tit/-/.
Street treel:! anrl other impr()vemt~ntH hetwi~en the cllrh and property
line.
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o/~l>f;tv0jll pW Ie,-?<,J I tlvrw/ It/rlC)>'/;/' li~~1 iicY' Jd iY1AA~'.
Payment of a pro rata share of the costs as determined hy the
DI~partment of Puhllc Works of a storm drainage or street improvements
which has been, or is to he, providerl hy OWIH'r and others where sllch
facility benefits the property descrihed in Exhihit A.
14. ~~~~q~jllrl~~r<i~~tt~II~AIIV.dv/~~d1l'~~
15. ~~~t;tw/~ft~I~/~IVUttilf.
16. \14ft IF/YJ;/-14y'
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G 782 :'~GE 536
C. When the City Director of Public Works determines that the reasons
for the defl~rment of thc improVcml~ntH Uti tict forlll in bL'et 1011 11 110 lllllgl!r
exist, he shall notify Owner in writing to commence their installation and
construction. The notice shall he mailed to the current owner or owners of the
lanci as shown on the latest adopted county assessment roll. The notice shall
del:lcrihe the work to he done hy owneni, the timt! within which the work shall commence
and the time within which the work shall he completed. All of any portion of said
improvements may he required at a Bpecified time. Each owner shall partici pate
on a pro rata basis in the cost of the improvements to he installed. If owner
is obligated to pay a pro rate share of a cost of a facility provided hy others,
the notice shall include the amount to he paid and the time when payment Ilust be made.
1 I I. PERFORMANCE OF TIli'~ WORK
Owner agrees to perform the work and make the payments requil'ed by City
as set forth herein or as modified by the City Counc1.l. Owner shall calise plans
and specifications for the imnrovements to he prepared by competent persons
legally qualified to do the work and to suhmit said improvement plans and
specifications for approval prior to comml~nceml'nt of the work descrihed in the
notice and to pay city inspection fees. The work shall he done in accordance
with city standards in effect at the time improvement plans are submitted for
approval. Owner agrees to COfiUnence ilnfi complete tlw work within the time
specif ied in the notice given hy the Director of Puhlic Works and to notify the
City at least 48 hours prior to start of work. In the event Owner fails to
conBtruct any improvements required under thin agreement, City may, at its
option do the work and collect all costs from Owner. Permission to enter onto
the property of Owner is ~ranted to City or its contractor as may he necessary
to construct such improvements.
IV JOINT COOPERATIVE PLAN
Owner a~rees to cooperate upon notice by City with other property owners, the
City and other public agencies to provide the Improvements set forth herein under a
.10int 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 r.ounci I
shall be binding upon both City and Owner.
VI MAINTENANCE OF HtPROVEtlENTS
City agrees to accept for maintenance those improvPlIIl.nts specified in Section II
which are constructed and completed in accordance with City standards and requirelllents
and are installed within rights of way or eaSt~ments dt!dicated and accepted hy resolution
of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, access roads
or other required improvements, to assume responsihility 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 ITlilnner which will preclude any hazard to
life or health or damage to adjoining property.
VII BONDS
Prior to approval of improvement plans hv the City, Owner may he required to
execute and deliver to the City a faithful performance hond and a lahor and materials
bond in an amount and form acceptable to City to he released hy the City CouncIl in
whole or in part upon completion of the work required and payment of all persons
furnishing lahar and materials in the performance of the work.
VIII
INSIJRANCE
Owner shall maintain, or shall require any contractor engaged to perform the work
to maintain, ilt all times during the performance of the work callt~d for herein, a
separate policy of insurance in a form and amount acceptahle to City.
IX INDEtlNITY
The Owner shall ilssume the defense and indt!mni fy and save harmless tlte Ci ty, its
officers, agents and employees, from every expense, liahility or payment hy reason of
injury "including death" to persons or damage to property suffered through any act or
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G 782 !)~GE 537
omission, includin~ passive ne~ligcnce or act of negli~ence, or hoth, of tIll' Owner, his
t::ll\~loyct:8, li~t:nttl, contrCictortl, tlUb-colltrdctorl:l, or dllY olle rl1rectly or indirectly
employed by either of them, or arising in any way from the work called for hy this
agreement, on any part of the premises, including those matters arising out of the
deferment of permanent dra1na~c faci 11 t iea or thl~ adequacy, safety, use or non-use of
temporary drainage facilities, the performance or non-performance of the work.
This provision shall not be rleemed 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 arc directly
responsible to the City.
IN WITNESS InlEREOF, City has executed this agreement as of
r'1ay 3, 1982
ATTEST:
CITY OF GILROY
APPROVED AS TO FORH
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CITY I\TTORNEY .
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IN WITNESS InlEREOF, Owner has I~xecllted this agreement as of
April 28, 1982
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(This document to he acknowledged with signatures as they appl~ar on deed of title)
STATE OF CALIFORNIA )
)66.
COUNTY OF SANTA CLARA )
On this
day of
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TO ,.4. CA 1.,741
(Partnership)
STATE OF CALIFORNIA
COUNTY OF 5At-JfA Q. k.~\ fC-A
On t\ f'R.. \ L \ (... I \ q ~?- ..::r- E 12..t:.. '1'
before me, the undersigned, a Notary Publico in an:~~~~tate, =y a~ S I €\.IEPS'
I-tATCHElZ. J 'vJ\ Ll-\ !:\'(V'\ ~. - --- I .
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.1ITl& INSURANCE
AND TRUST
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known to me
to be TI-i IZ ~ E: of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
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Signature .. t\, .J.
(ThII ..... for otBclal nOWial _1)
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EXHIBIT "A"
Konle Development Ltd.
Agreement