Construct Land Development Improvements - Sierra Alder Development
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NO FEE per GC Sec. 6103
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F 777 PA~f227
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CITY OF GILROY
7351 Rosanna Street, p, O. Box 66
Gilroy, Califolnia F 777
95020 PAGf227
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Project Identification:
This is an agreement between the CITY OF GILROY, hereinafter
referred to as IICITY1., and______~.erra Alder J?evelopment~=--_
cv Inc
Hereinafter referred to as 1I0wnerll.
WHEREAS, Owner desired 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:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property
Jescribed in Exhibit A. All the terms, convenants and conditions
herein imposed shal I 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 shal I
apply separately to each parcel and the owner of each parcel shal I
succeed to the obI igations imposed on Owner.by this agreement.
I I. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
These improvements are inappropriate at this time. The owner wi I I
be required to install full improvements by June, 1982, if an
assessment district has not been establ ished for improvements in this
area by January, 1982.
B. Owner agrees to construct the followlnq Imorovements on the
property described In Exhibit A as well as required off site improvements
in the manner set forth In this aqreement:
I rnprovements requ I red by. the City Department of Pub 11 c Horks as
generally described bolo~~. (Cross out Improvements that .Jrc not
requ I red. )
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7.
8.
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777 PAGf228
II.
12.
13.
Curb and qutter
Sidewalks
Driveways
Street gradlnq. base and paving
Storm drainage facilities
Erosion control plantlnQs and facilities
Electrollers
Underground conduit with wlrln~ and pull boxes
Barricades and other Improvements needed for traffic saf~ty
Street trees and other Improvements between the curb and
property I I ne.
Street signs
Relocation of exlstlnq fences. slons and utilities
Payment of a pro rata share of the costs as determined hy the
Department of Public \/orks of a storm dralnaqe 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
Enqlneerlng and Inspection and plan check fees
Sanitary sewage facilities
\-/ater system
C. When the City Director of Public Wotks determines that tht~ reasons for
the deferment of the Improvements as set forth in section \I no 10llger exist,
he shall notify Owner In wrltlnq to commence their Installation and construction.
The notice shall be mailed to the current owner or owners of the I.tnd as shown
on the latest adooted county assessment roll. The notlep. shall de~crlbe 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
ohllgated to pay a pro rata share of a cost of a facility provided by others, the
notice shal I Include the amount to be paid and the time when payment must be made.
III. PERFORMAtlCE 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 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 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 nlans are submitted for
approval. Owner aqrces to commence and COMplete the work within the time
specified In the notice qiven by the Director of Puhl Ic \~rks and to notify the
City at least 48 hours prior to start of work. In the event Owner falls to
construct any improven~nts required under this agreempnt, City may. at Its option.
do the work and collect al I 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.
F
777 PAGf229
JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with oth~r ~rcr-erty 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 feaslbl~ 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 I led, reques t a rev I ew of the requ I remen ts by the City Counc 11.
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 I I 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, ascess
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 damane to adJolnlnq prooerty.
\III. BONDS
Prior to approval of improvement plans hy the City, Owner may be requlr~d
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. INSURAtJCE
Owner shall maintain, or shall require any contractor engaqed 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 acceptahle to
City.
IX. INDEMNITY
The Owner shall assume the defense and Indemnify and save harmless the
City, Its officers, agents and employees, frlm every expense, liability or
payment by reason of Injury "Including death" to persons or damage to property
suffered through any act or onlsslon, Includlnq passive neQllqence or act of
negligence, or both, of the Owner, his employees, a~el1ts, contractors, sub-
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F 777 PA~f230
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 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 this agreement as of
December 1, 1980
ATTEST:
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C ITY OF GILROY
IN WITNESS WHEREOf. Owner has executed thIs agreement as of
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(This document to be acknowledged with signatures as they appear on deea of title)
STATE OF CALIFORNIA )
hs.
County of Santa Clara )
On th Is
nine hundred and
day of
in the year one thousand
. before me,
Clerk. City of Gilroy. State of
, a Notary Public. City
California. duly sworn, personally appeared
known to me to be
executed the within Instrument on
ledged to me that
descrIbed In and that
behalf therein named, and 8cknow-
executed the same.
IN WITNESS \/HEREOF 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.
City Clerk. City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 4o~14.
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(Individual)
STATE OF CALIFORNIA
COUNTY OF ~):'n t:) C 1 c,rs
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before me, the UDdenipecl. a Notary Public in and for Mid
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State, personally appeared
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. to the within instrument and acknowledged that
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. known to me
8ubICribed
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WITNESS my hand and official seal.
Signature ~~2( ~/t:'r ~ -<. :A; //L' k~J
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Name (Typed or Printed)
OFFICIAL SEAL
RICHARD THOMAS
NOTARY PUBLIC - CAUFORNIA
SANTA CLARA COUNTY
My comm. expires DEe 6, 1980
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Vicinity Site Map, Sierra Alder Development Inc.
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