Construct Land Development Improvements - Leavesley Investors
- i.erk . .
. Susanne E. Stelnmetz,City
- I~'\{;i ty of Gilroy
.\ 7351 Rosanna St.
" Gilroy, CA 95020
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FEE PER GC SEC 6103
9394789
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9394789
7351 Rosanna Street
Gilroy, California 95020
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CITY OF GILROY
Project Identification: A/S 85-37
70-Unit motel on Murray
K259PAGE 841
This is an agreement between the C.ity of Gilroy, hereinafter
referred to as "City", and Leavesley Investors
hereinafter referred to as "Owner".
WHEREAS, Owner of the property descri bed .in Exhib.it A, w.ishes to defer
construction of permanent .improve1U~nts ancl City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEttENT BINDING ON SUCCESSORS I N I NTEIU:ST
Th.is agreement, together with the attached stipulations, is an instrument
affecting the title or pot:lsession 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 1n Exhib.it 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 th.is agreement.
I I. STREET AND DRAINAGE H1I'ROVI~IIENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
Santa Clara Valley \Jater District improvements to the channel
to the east of this Droperty will disrupt off-site
imDrovements along Leavesley Road.
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 agreement:
Improvements required by the e.ity Department of Public Works as generally
described below. (Cross out .improvements that are not requlred.)
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K 259 PAGE 8 42
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in sect.ion II no longer
ex.ist, he shall not.ify Owner in writ i ng to commence their installation and
construction. The notice shall be Illdiled to the current owner or owners of the
land as shown on the latest adopted county assessment roll. The notice shall
descr.ibe the work to be done by owners, the t.ime with.in wh.ich the work shall commence
and the time with.in which the work shall be completed. All of any portion of sa.id
.improvements may be requ.ired at a specified time. Each owner shall part.icipate
on a pro rata has.is in the cost of the improvements to be installed. If owner
is obl.igated to pay a pro rate share of a cost of a facility provicled by others,
the notice shall .include the amount to he paid and the time when payment muBt be made.
I I I. PERFORHANCE OF TilE ~mRK
Owner agrees to perform the work and make the payments requi red by Ci ty
as set forth here.in or as mod.ified by the Ci ty Council. Owner shall cause plans
and specifications for the improvements to be prepared by competent persons
legally qualif.ied to do the work and to submit said ll11provel1lent plans and
spec.ificationB for approval prior to cOlllmencemcnt of the work described in the
not.ice and to pay city inspect.ion fees. The work shall be done .in accordance
w.ith city standards .in effect at the time lmprovement plans arc submitted for
approval. Owner agrees to commence and complete the work within the time
spec.ified in the notice given by the [)irector of Public Works and to notify the
C.ity at least 48 hours prior to start of work. In the event Owner fails to
construct any .improvements requ.ired unckr this agreement, C.ity may, at .its
option do the work and collect all costs from Owner. I'ermission 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
Owner agrees to cooperate upon notice by Clty w.ith other property owners, the
City and other publ.ic agencies to provide the Improvements set forth here.in under a
Joint cooperative plan including the formation of a local improvement district, if th.is
method .is feasible to secure the installation and construction of the .improvements.
V REVIEW OF REQUIREMENTS
If Owner disagrees with the requlrements set forth in any notice to commence
installation of improvements he shall, wi.th.in 30 days of the date the notice was mailed,
request a review of the requirements by tile City Council. The decis.ion of the Counc.il
shall be binding upon both City and Owner.
VI HAINTENANCE OF UlPIWVEHENTS
C.ity agrees to accept for maintenanl:e those improvements specif.ied .in Section II
wh.ich are constructed and completed in accordance with City standards and rerjuirements
and are installed within rights of way or easemellts dedicated and accepted by resolution
of the City Council.
Owner agrees to prov1.dc any necessary telilpOral"y drainage facil i ties, access roads
or other required .improvements, to assume respons.ihil.ity for the proper funct.ioning
thereof, to subm.it plans to the appropriate C.ity agcncy for review, if required, and to
maintain said improvements and facilit ies in a manner wh.ich w.ill preclude any hazard to
life or health or damage to adjo.ining propcrty.
VII HONDS
Prior to approval of improvement plans by the C.ity, Owner may be requ.ired to
execute and deliver to the C.ity a fal thful performance bone! und a labor and materials
bond .in an amount and form acceptable to (ity to be released by the City Counc.il in
whole or in part upon complet.ion of the work required and payment of all persons
furn.ishing labor and materials in the pl>rfonnilnce of the work.
VIII
INSURANCE
Owner shall maintain, or shall requ.ire 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 a form and amount acceptable to City.
IX INDE~1NITY
The Owner shall assume the defenl:le and indemnify and save harmless the C.ity, .its
of f .icers, agents und employees, frulll every expense, 1 iabi li ty or payment by reason of
injury "including death" to persons or dalllilgl'. to property suffered through any act or
K 25 9PAGE
8.i3
his
omission, including passive negligence or act of negligence, or both, of the Own~.t
employees. agents, contractors, sub-contractors, or anyone directly or indirectly
employed by either of them. or aris.ing in any way from the work called for by this
agreement. on any part of the premises, .including those matters aris.ing out of the
deferment of permanent drainage fac.ilities or the adequacy, safety, use or non-use of
temporary drainage facilit.ies, the performance or non-performance of the work.
This provision shall not be deemed to requ.ire the Owner to Indemnify the City
against the liability for damage aris.ing 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 th.is agreement as of
OCTOBER 27, 1986
ATTEST: CITY OF GILROY
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/ . ...c~TY CLERK ~'
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AP.~j{OVED ,.A,S' TO FORM
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CITY ATTORNEY /
IN WITNESS WHEREOF. Owner has executed this agreement as of November 17, 1986
(This document to be acknowledged with signatures as they appear on deed of t.itle)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this 17th day of November in the year one thousand nine
hundred and eighty-six , Notary Public, City Clerk. City of Gilroy.
State of California, duly sworn. per80nally appeared John T. B1aett1er
known to me to beone of the partners _described in and that he
executed the within instrument on their behalf therein named, and
acknowledged to me that such partnership 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.
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E OFFICIAL SEAL:
:: GAIL CORNAGGIA ~
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S NOTARY PUBLIC - CALIFORNIA ::
: COUNTY OF SANTA CLARA :
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= Comm. Exp. Dec. 2, 1988 :
i 11111111111111111111111111111111111111111111111111111111 i
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City Clerk, City of Gilroy, State of Cal.iforn.ia
per Civil Code Sec. 1181; Government Code Sec. 40814
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