Construct Land Development Improvements - Light, Mike
7390 Rosanna Street, P.O. Box 66
GilroYt California
95020
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C ":~6 PAGE561
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C 286 PAGE561
5413032
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CITY OF GI LROY
AGREEMENT BY mINER OR HIS SUCCESSORS I N I NTEREST TO
CONSTRUCT LANO DEVELOPMENT IMPROVEMENTS
Project Identification:
Parcel 790-15-2
This is an agreement between the CITY OF GILROYt hereinafter referred
to as I Ie i ty" t and
Mike light
hereinafter referred to as "0wnerll.
VlHEREASt 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:
1. 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 termst 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.
11. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
1. Improvements are inappropriate at this time.
2. Owner shall dedicate a 10 foot wide strip of land along his property
frontage at no cost to the City. Said dedication shall be completed
before commencing street improvements.
C 286 PAGf5B2
B. Owner agrees to construct the follol'/ing imorovements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this aqreement:
Improvements required by the City Department of Public l'Iorks as
generally described below. (Cross out improvements that are not
required.)
1. Curb and 9utter
2. Sidewalks
3. Driveways
4. Street gradin9t base and paving
5. Storm drainage facilities
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7. Electroliers
8. Underground conduit with wiring and pull boxes
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10. Street trees and other improvements between the curh and
property line.
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13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvementi
which has been, or is to bet provided by Owner and others where such
facility benefits the property described in Exhibit A
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
c. When the City Director of Public Wo~ks determines that the reasons for
the deferment of the improvements as set forth in section II 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 commence 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 improvements 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 pnd the time when payment must he made.
III. PERFORMAtlCE or THE HORK
{\..nc( agrees to perform the work and make the payments required by City as
~ ~ forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit said improvement plans and
specifications for aoproval 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 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 48 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agreementt City maYt at its option,
dD the work and collect all the costs from Owner. Permission to enter onto the
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C 286 PAGE5B3
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 oth~r ~rcperty cwnerst
the City and other public aqencles to provide the improvements set forth herein
under a joint cooperative plan including the formation of a local improvement
districtt if this method is feasible to secure the installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disaqrees with the requirements set forth in any notice to
commence installation of improvements he shall t within 30 days of the date
the notice was mailedt request a review of the requirements by the City Council.
The declsion 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 riQhts 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 reviewt
if requiredt and to maintain said improvements and facilities in a manner which
will preclude any hazard to life or health or damaoe to adjoininq prooerty.
\f II. BO~IDS
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 maintaint or shall require any contractor engaged to perform
the work to maintain, at all times during the performance of the work called
for hereint a separate policy of insurance in a form and amount acceptable to
City.
IX. INDEMN ITV
The Owner shall assume the defense and indemnify and save harmless the
City, its officerst agents and empJoyeest from every expenset liability or
payment by reason ,...F injury "including death" to persons or damage to oroperty
suffered thrOll!7-" any act or olTissiont includinq passive negligence or act of
negligencr, or both. of the Owner, his employees, agentst contractorst sub-
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C_ 286 PAGE564
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 fact1ltles 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 City.
IN WITNESS WHEREOF, City has executed this agreement as of the 17th day
of May, 1976
ATTEST:
CITY OF GilROY
/~~~b.y{/g
IN WITNESS WHEREOF, Owner has executed this agreement as of the 6th day
of May, 1976 ~
.~4~~cl-:
(This document to be ac1<.nohJtedged lJith signatures as they appear on deed of titZe;
STATE OF CALIFORNIA )
)S5.
County of Santa Clara )
o this ~ -~ day of ~11tLvr In the year
undre and -<J U U-..t+f' . , before me,
t aUNota Public, tlL- el~
a orn , u y sworn, persona 11y appeared pltk-
known to me to be Mi ke Li ~ht d crl
executed the within Instrument on his behalf therein
ledged to me that he executed the
eit
per
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