Construct Land Development Improvements - Rosario, Richard
NO FEE per GC Sec. 6103
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CITY OF GILROY ~ 8 \ -I~
7390 Ros~nna Street, P. O. Box 66
Gilroy. Californid
95020
AGREH1ENT BY OlltlER OR UIS 'iUCCESSORS IN INTEREST TO
conSTRUCT LAND DEVElOPrlErlT H1PROVH1HITS
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Project Identificat10n:~iessor's Parc~1 841-13-004, 012 & 013
This h 4n aqreefllent betwel~n the CITV OF GILROY. hereinafter
referre'J to "5 l'e1 ty". anti
Richard R05ario
hereinafter referred to 1$ 1I"\o"~p.t'1I.
~'t1ER[AS. O\.mer desires to ~ubdiv1de or develop the property
d~scr1bed in Exhibit ^ and w1she~ to defer construction of pennanent
improvements and CHy 4l)reeS to ~uch defennent provided Owner _9rees
to construct tn~rovements as herein provided.
UOII. TIIEREFORE, IT IS AGREED:
1. AGREFJIENT BJfIOI~IG on SUCCESSORS HI INTEREST
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Thi$ aqrce~nt. toqether with the attached stipulations. t$ an
instrtMnent affect1nq the title or possession of the real property
described in Exhibit A. All the tenns, convenanU and conditions
herein imposed shall he binding ugon and inure to the benefit of the
succeSsof$ in interest of ~mer. Upon the sale or division of the
property described in Exhibit A. the te~s of this agreement 5hall
4pply ~epordtely to p.dch p4rce'l and the owner of each parc..l $htall
succeed to the obli~'4tions 1~o5ed on O\'m{~r by th1$ agreement.
11. STREET Arm DHAIrlAGE WPROVEr1ENTS
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A. City and Owner dl)ree that the improv~nents let forth 1n
thh section n\dY be 11eferred because: These illlproven,ents are
inappropriate at this time.
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B. Own~r agre~5 to construct the followlnq Improvements on the
property described In Exhibit A as well as required off site Improvements
I n the manner set forth In th i s aqreement:
Improvements required by. the City Department of Public Horks as
generally described bolm~. (Cros~ out Improvements that are not
requ I red. )
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9. a~rrl,_d~s _nd other Improv8meAtsneeded for tritffl& safety
10. Stf8et tf'-~S-cHHi-et-RefL -Improvements het\lee'" the eu," a",~
.p.roperc;y-U~.
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~~"'At .of. $lubl"u \..Ief'-k.sof'a'StQl"m dt'-&i1'tt'tfte"O'~~tree-t-4ftlPf'ovcmcnt.;
wk-i~-~es--~.--~_..f.-s' t:o--be.-1tflW".eed ..t.l'f"~f'---aA4-~t~, wh8~...~
f~J-1~-~f~-t&~-~~-~e-t"fhe1'f+n f-xh-thJ t A
+4-.----ffl#l~~itf'td.lR$PCC t-+on afl~ p I CiA G"'IIl~k hei
+;-~ft".t.ary s.tj\14~e he III ties
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RelllOVe and replace all broken curb, gutter and sidewalk
along the property frontage on Hornlein Court.
C. When the City Dlrtctor of Public Wotks determines that the reasons for
the deferment of the Improvements as set forth In section I I no lonqer exist,
he shall notify Owner In writing to commence their Installation and construction.
The notice shall he mdl led 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 ~hall 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 th~ cost of the Improvements to be Installed. If Ownt:r 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. PFRFORMAtlCE OF THE \.IORK
Owner agrees to perforfl1 the work and make the payments required by City as
set forth herein or dS modified by the City Counel I. Owner shall cause olans
and specifications for the Improvements to he rrepared by competent persons
legally qualified to do the work and to suhmlt said Improvement plans and
speciflcation~ for anproval prior to convnencement of the work descrlhed In the
notice and to pay city InspectIon fees. The work shall be done In accordance
with city st.:Hldards In effect at the time Improvf<:ment nlans are submitted for
approval. Owner aqrecs to commence and complete the work within the time
specified In the notice given by the Director of Puhllc "orks and to notify the
City at least 48 hour~ prior to start of work. In the event Owner falls to
construct any Improv~n~nt5 required under this aqreem~nt, City may, at Its option.
do the work and collect all tht~ 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
Owner agrees to cooperate upon notice by City with oth~r Frcperty cwners,
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
district, If this method Is feasible to secure the Installation and constructIon
of the Improvements.
V. REVIEW OF REQUIREMENTS
If Owner dlsaqrees with the requIrements set forth In any notice to
commence Installation of Improvements he shall, within 30 days of the date
the not I ce was ma II ed, reques t a rev' ew of the requ I remen U by the C J ty Coune: II.
The decision of the Councl' shall be bInding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those Improvements specifIed In
Section 11 which are constructed and completed In accordance with City standards
and requIrements and are Installed within rlQhts of way or easements dedicated
and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, aice5S
road or other required Improvements, to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City aqency for review.
if required, and to maintain said improvements and facilities In a manner which
will preclude any hazard to life or health or damaqe to adJolnlnq property.
'" I. BO~IOS
Prior to approval of Improvement plans hy 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 materla15 In the performance of the work.
VIII. INSURANCE
Owner shall maintain, 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 polley of Insurance In a form and amount acceptahle to
City.
I X . I NO E MN IT Y
The Owner shall assume the defense and Indemnify and save harmless the
City, Its officers, agents and employees, from every expense, liability or
payment by redson of injury "Including deathll to persons or damage to property
suffered through any act or 0015510n, Includlnq passive neqllgence or act of
negligence, or both, of the Owner, his employees, aqents, contractors, sub-
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contractors. or anyone directly 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 prernls~s, Including those matter5 arIsing out of the deferment of permanent
drainage f~cllltles or the adeq~acy. safety, use or non-use of temporary drainage
facilities, the perforrn~nce or non-p~rformance of the work. This provision shall
nO t be deemed to requ I rt. the Owner to I ndemn I fy the City 8ga Ins t the 11 ab III ty
for damage arising from the sole negligence or wl11ful misconduct of the City
or Its agents, servants or Independent contractors who are directly responsible
to the CIty.
I N WITNESS \IHEREOf, City has executed th Is agreement as of
June 15, 1981
ATTEST:
C ITY OF GilROY
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City Clerk ~
APPROVED AS TO FORM
IN WITNESS WHEREOF. Owner has executed this agreement as of
June 5, 1981
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(Thi8 document to be acknowledged with 8~nature8 a8 they appear on deed of title)
STATE OF CALIFORNIA )
)S5.
County of Santa Clara )
On this 5th ddyof June In the year one thousand
nine hundred and elghty-one , before me, Susanne [.
Steinmetz , a Notary Public. City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared Richard P. Rosario
known to me to be the oerson described In and that he
executed the within Instrument on ~1S behalf therein named, and acknow.
ledged to me that he executed the same.
IN WITNESS \IHEREOF 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.
ornla
e Sec. 40614.
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