Construct Land Development Improvements - Mulch, Charles
NO FEE ner GC Sec. 6103
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CITY OF GILROY
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7390 Rosanna Street, P. o. Rox 66
Gilroy, California
95020
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AGREEf.1ENT BY OllNER OR HIS SUCCESSORS IN INTEREST TO
COtJSTRUCT lAND DEVElOPt1ENT H1PROV01ENTS I ;_(J',-~ ">< 'DCr~
Project Identification: Assessor's Parc:I #7g0-l5-QI5
This is an agreen~nt between the CITY OF GILROY, hereinafter
referrel_to as "City", anti Charles Mulch
~~ .
hereinafter referred to as I'"""'~r".
HUEREAS, O\oJner desires to subdivide or develop the property
d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent
improvements and City agrees to such defenment provided Owner agrees
to construct improvements as herein provided.
UOtI, T\lEREFORE, IT IS AGREED:
1. AGREEtlENT BJrIOI"IG on 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 tenms, convenants and conditions
herein imposed shall he binding uQOn and inure to the benefit of the
successors in interest of ~mer. Upon the sale or division of the
property descri~ed in Exhibit A. the tenns of this agreement shall
apply separately to each parcel and the owner of each parcpl shall
succeed to the Obligations iP1>osed on a,-mer by this agreement.
11. STREET Arm ORAItIAGE Jr.1PROVft1HITS
A. City and Owner agree that the improvements set forth 1n
this section may be rleferred becau$e:
These improvements are inappropriate at this time.
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FAINT Wi'?ITI:'-lG ORn:::>JrJG
OR CARBON COPI::':':; M"'i<;~,;
POOR PHOTOGRAPHIC REc::>r,D
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 agreement:
Improvements required by. the City Department of PublIc Horks as
generally described below. (Cross out Improvements that ()re not
requ I red. )
1.
2.
3.
4.
5.
h.
7.
8.
9.
10.
11.
12.
13.
Curb and qutter
Sidewalks
Driveways
Street grading. base and paving
Storm drainage facilities
Erosion control plantinQs and facilities
Electrollers
Underground conduit with wirln~ and pull boxes
Barricades and other improvements needed for traffic safety
Street trees and other improvements between the curh and
property line.
Street signs
Relocation of existinq fences, si~ns and utilities
Payment of a pro rata share of the costs as determined hy the
Department of Public \/orks of a storm drainage or street Improvement;;
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhibit A
Engineering and Inspection and plan check fees
Sanitary sewage facilities .
\./ater system
F
750;I~Gt 313
14.
15.
16.
C. When the City Director of Public Woeks 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 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 be made.
III. PERFORMAtlCE OF THE \-IORK
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 Dlans
and specifications for the Improvements to be prepared by competent persons
legally qualified to do the work and to submit said imorovement plans and
specifications for anproval 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
spec if i ed in the not i ce given by the D I rector of Pub I I c "orks and to not i fy the
City at least 48 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agreem~ntt City maYt at Its optiont
do the work and collect aI' the costs from Owner. Permission to enter onto the
-l-
property of Owner is granted to City or Its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
f 750'-~Gt 314
Owner agrees to cooperate upon notice by City with other ~rcperty cwnerst
the City and other public agencies to provide the Improvements set forth herein
under a Joint cooperative plan Including the formation of a local improvement
dlstrictt if this method is feasible to secure the installation and construction
of the Improvements.
V. REVIEW OF REQUIREMENTS
If Owner dlsa~rees with the requirements set forth in any notice to
commence installation of Improvements he shallt within 30 days of the date
the not I ce was ma 11 ed, reques t a revl ew of -the requ i rements by the City Counei 1.
The decision of the Council shall be binding upon both City and Owner.
V I. MA I NTENANCE OF H1PROVEMWTS
City agrees to accept for maintenance those improvements specified In
Section I I 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 facilitlest ascess
road or other required improvements, to assume responsibility for the proper
functioning thereoft to submit plans to the appropriate City aqency for revlewt
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.
"". BONDS
Prior to approval of improvement plans hy the CitYt 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 malntaint 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.
I X. I NDEMN ITV
The Owner shall assume the defense and Indemnify and save harmless the
CitYt its officers, agents and employees, from every expense, liability or
payment by reason of injury !linc1udlng death" to persons or damage to property
suffered through any act or emission, includinq passive neqligence or act of
negligence, or botht of the Ownert his employeest agentSt contractors, sub-
-3-
F 750;)~Gr: 315
contractors, or anyone dlrectlY,or Indlr~ctly 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 CIty.
IN WITNESS WHEREOF, City has executed this agreement as of
October 27, 1980
ATTEST:
C ITY OF GILROY
'APPROVED AS TO FORM
IN WITNESS WHEREOF, Owner has executed this agreement as of 24th
Oc:tohpr ,gRO
(ibi 41, g,~ I}nw{{iif\
(This dooument to be acknowZedged ~ith signatures as they appear on deed of titZe)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 24th day of October In the year one thousand
nine hundred and eighty , before met Susanne E
Steinmetz t a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared Charles A. Mulch, Jr.
known to me to be the person described In and that he
executed the within Instrument on hlS behalf therein named, and acknow-
ledged to me that he executed the same.
IN W~TNESS 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
th i seartif i cate firs t above written.
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