Construct Land Development Improvements - Monocrete Pty. Ltd
NO FEE per GC Sec. 6103
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7390 Ros_anna Street, P.O. Rox 66
Gilroy, California
95020
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JtJN 1;] REC'[j
CITY OF GILROY
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AGREEf.1ENT BY mJNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPt1ENT IMPROVEr,lHITS ' ,
Parcel Map Resubdividing PM _41) 'of Map's,
page 52 (Brem Lane at MOAray Tile~
A55~~~nr'~ Prl~rpl R41-1h-nR( ~nn ~4)
Project Identification:
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This is an aqreement between the CITY OF GILROY, hereinafter
referre~_to as "City", anti
Monocrete Pty. Ltd.,-an
Austral ian Corporation
hereinafter referred to as 1I""''1~r''.
HUEREAS, O\<Jner desires to subdivide or develop the property
d~scribed in Exhibit A and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner aarees
to construct improvements as herein provided.
NOli, TtlEREFORE, IT IS AGREED:
1. AGREEtlENT BIrlOING Of! SUCCESSORS HI INTEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall be binding ugon and inure to the benefit of the
successors in interest of ~mer. 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 parcp.l shall
succeed to the obligations imposed on O\1ner by this agreement.
11. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
These improvements are inappropriate at this time.
B. O\\lne r agrees to cons t ruct the fo 11 0'" i nq i morovements on the
property described in Exhibit A as well as required off site imorovements
in the manner set forth in this agreement:
Improvements reQU i red by. the City Oepartment of Pub 1 i c Horks as F 4.31 r!S: 745
generally described belo~v. (Cross out improvements that iJre not
requ ired.)
1. Curb and 9utter
2. Sidewalks
3. Driveways
4. Street gradingt base and paving
5. Storm drainage facilities
6. Erosion control plantinos and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements between the curn and
property 1 i ne.
11. Street signs
12. Relocation of existing fences, signs and utilities
13. Payment of a pro rata share of the costs as determined hy the
Department of Public "Jorks of a storm drainage or street improvement~;
which has beent or is to be, provided by 0wner 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 Oirector of Public WOGks determines that the reasons for
the deferment of the imnrovements 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 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 time when payment must he made.
III. PERFORMAtICE OF THE HORK
Owner agrees to perforM the work and make the payments required by City as
set forth herein or as modified by the City Council. Owner shall cause olans
and specifications for the improvements to he prepared by competent persons
legally qualified to do the work and to suhmit said improvement plans and
specifications for approval prior to commencement of the work described in the
notice and to pay city inspection fees. The work shali he 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 given by the Director of Public Horks and to notify the
City at least 48 hours prior to start of work. In the event Owner fails to
construct any improvements reauired under this agreem~ntt City maYt at its optiont
do the work and collect all the costs from Owner. Permission to enter onto the
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property of Owner is granted to City or its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
F 431 r!':: 746
Owner agrees to cooperate upon notice by City with other ~rcperty cwners,
the City and other public aqencies 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. REV I EW OF REQU I RE~1ENTS
If Owner disa9rees with the requirements set forth in any notice to
commence installation of improvements he shallt within 30 days of the date
the notice was mailedt 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 rlohts 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 aqency for reviewt
if required, and to maintain said improvements and facilities in a manner which
will preclude any hazard to life or health or damaoe to adjoining prooerty.
"II. BONDS
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 rfleased -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 herein, a separate policy of insurance in a form and amount acceptable to
City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and save harmless the
City, its officerst agents and employees, from every expenset liability or
payment by reason of injury !Iincluding death" to persons or damage to oroperty
suffered through any act or ooissiont includinq passive negligence or act of
negligence, or botht of the Ownert his employees. agentst contractorSt sub-
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contractors, or anyone directly or Indirectly employed by either of themt 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 City.
IN WITNESS UHEREOF, City has executed tht s agreement as of
July 7, 1980
ATTEST:
CITY OF GILROY
~~~~
.' City C erk
APPROVED AS TO FORM
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CI y Attorney
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IN WITNESS WHEREOF, Owner has executed
OFFICIAL SEAL
LINDA M JOHNSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY _ _ ___ II~
r~y comm_. expires.D.;;~
Ai /1 11 /'7/( _;"'Y1:.-)
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June
10th 1980
(President)
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couxnjoF '- /~:(>;:'1l~/
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On '>/ _ r::./ / / ! (/ '/. ~- before me,
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the undef'i!!ned. a ;-';otr-i\UbliCJ and f~jt"ajd_County and S.late.,
per,onally appeared I, 1) (~ Z# ('f ~ 0'/;//-2;:724/
known to me to be the___ Pre"dent, and
_.____~. known to me to be
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FOR NOTARY SEAL OR STAMP
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__,_.____________Secretarv of the corporatioll that executed the
within ] Il~trument. known tr; me to 11{-> thf' pf'r~()n~ ,,,,'ho executed the
within In-trulllent on behalf of the corporatIon therein named_ and
a('knowlf'd~ed to me that slIch corporation f'x('('uleu the within
in-trument pursuant to it_ by-laws or a resolution of it" board of
director__
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Signat~~nd~ ;1.;/;~h~S' (/ (~ //< /(-~ /c /
Name (Typed or Printed I
Notary Public in and for said County and itate
City Clerkt City of GilroYt State of California
per Civil Code Sec. 1181; Government Code Sec. 40814.
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STIPULATIONS
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1. Dedicate rights-of-way for 351 half street at the north end
of Parcel "A'I and Parcel IIBI1.
2. Improve said half street at the time of development of
Parcel "BII or when called for by the City.
3. The eucalyptus tree at the north east corner of Parcel "B"
will be saved.
4. A 11 fees app 1 i cab 1 e to Parce 1 "B" wi 11 be deferred unt i 1 the
development of this parcel.