Construct Land Development Improvements - Vollrath, Egon and Margit - No. 89-13
~~ Susanne E. Steinmetz,CityClk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
PER GC SEC 27383
10065296
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CITY OF GIlROY
7351 Rosanna street
Gilroy, California 95020
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AGREEMENT BY OONER OR HIS SUCCFSSORS IN INI'EREST '10:" .
APR 6 1989 C' ~ "t G-, \(t> I
K 904 PAGE 18 6 5 A~R I 5 ~ d'. :\:'~ 'E9
NO FEE
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OONSTRUCT lAND DEVEIDfMENT IMPROVEMENTS No. 89-13
Project Identification: APN 835-01-030. 035. and 036
This is an agreement between the City of Gilroy, hereinafter referred
to as "City", aM Ecron and Marqit Vollrath
hereinafter referred to as "OWner".
WHEREAS, OWner of the property described in Exhibit A, wishes to defer
construction of pennanent improvements" and City agrees to such deferment
provided OWner (or SUccessor in interest) agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCFSSORS IN INl'ERFST
'Ibis agreement, tCXJether with the attached stipulations, is an
instnnnent affecting the title or possession of the real property described
in Exhibit A. All the tenns, covenants 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 tenns 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.
II. ST.REEI' AND DRAINAGE IMPROVEMENTS
A. City and OWner agree that the improvements set forth in this
section may be deferred because:
IIrprovements are not appropriate at this time.
B. OWner agrees to construct the improvements as described in the
attached stipulations on or adjacent to the property described on Exhibit A
as well as required off site improvements in the manner set forth in this
agreement. 'Ibe improvements listed are understood to be the minimum
requirements forseen at this time. Improveme..l'lts shall include all items
necessary to provide a complete operational facility including all
appurtenances in confonnance with current city standards in effect at the
time of construction.
c. When the city Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in section II - STREEI'
AND DRAINAGE IMPROVEMENTS no longer exist, he shall notify OWner in writing
to commence their installation and construction. 'Ibe notice shall be mailed
to the current owner or owners of the land as shown on the latest adopted
county assessment roll. 'Ibe notice shall describe the work to be done by
owners, the time within which the work shall conunence and the time within
which the work shall be completed. All of any portion of said improvements
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 and the time when
payment must be made.
III. PERFORMANCE OF THE IDRK
OWner agrees to perfonn 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
K 904 PAGE 18 66
competent persons legally qualified to do the work and to submit said
improvement plans and specifications for approval prior to carmnencement of
the work described in the notice and to pay city inspection fees. '!he work
shall be done in accordance with city standards in effect at the time
improvement plans are submitted for approvaL owner agrees to conunence 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 agreement, City may, at its option do the work and
collect all costs from OWner. Pennission to enter onto the property of
OWner is granted to City or its contractor as may be necessary to construct
such improvements.
IV. JOIN!' OOOPERATIVE PIAN
owner a.grees to cooperate upon notice by City with other property
owners, the city and other public agencies to provide the IIrprovements set
forth herein under a joint cooperative plan including the fonnation of a
local improvement district, if this method is feasible to secure the
installation and construction of the improvements.
v. REVIEW OF REXXJIREMENI'S
If OWner disagrees with the requirements set forth in any notice to
commence installation of ilnprovements he shall, within 30 days of the date
the notice was mailed, request a review of the requirements by the City
Council. '!he decision of the COuncil shall be binding upon both city and
OWner.
VI. MAINI'ENANCE 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 rights of way or
easements dedicated and accepted by resolution of the City council.
OWner agrees to provide any necessaIy temporary drainage facilities,
access roads or other required improvements, to assume responsibility for
the proper functioning thereof, to submit plans to the appropriate city
agency for review, if required, and to maintain said improvements and
facilities in a manner which will preclude any hazard to life or health or
damage to adjoining property.
VII. 00N03
Prior to approval of improvement plans by the City, OWner may be
required to execute arrl deliver to the city a faithful performance bond and
a labor and materials bond in an amount and fonn acceptable to City to be
released by the City council in whole or in part upon completion of the work
required and payment of all persons fw:nishing labor and materials in the
perfonnance of the work.
VIII. INSURANCE
OWner shall maintain, or shall require any contractor engaged to
perfonn the work to maintain, at all times during the perfonnance of the
work called for herein, a separate policy of insurance in a fonn and amount
acceptable to city.
IX. INDEMNITY
'!he OWner shall assume the defense and indemnify and save hannless the
city, its officers, agents and employees, from every expense, liability or
payment by reason of injury "including death" to persons or damage to
property suffered through any act or omission, including passive negligence
or act of negligence, or both, of the OWner, his employees, agents,
contractors, sub-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 defenrent of pennanent drainage facilities or the adequacy, safety,
use or non-use of temporary drainage facilities, the perfonnance or non-
perfonnance of the work.
K 904 PAGE 1867
'Ibis 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 miscorrluct of the City of its agents, servants or independent
contractors who are directly responsible to the City.
IN WI'INFSS WHEREOF, city has executed this agreement as of April 3. J. 989
ATTEST:
CITY OF GIlROY
. . .
C
IN WI'INFSS WHEREOF OWner has executed this agreement as of March 20, 1989
('Ibis dOCl.lIl1eI1t to be acknowledged with si tures as they appear on deed of
title)
I
STATE OF CALIFORNIA )
)ss.
CXXJNTY OF SANTA ClARA )
on this 20th day of March in the year one thousand nine
hundred and eighty-nine , Notary Public, city Clerk, City of Gilroy,
state of California, duly sworn personally appeared EGON and MARGIT VOLLRATH
known to me to be the persons described in and that they
executed the within instrt.unent on their behalf therein named, and
acknOVlledged to me that they executed the same.
INk ~SWHEREOF I have hereunto set my hand and affixed the
of:eicial'~ar\pf the City of Gilroy in the COunty of Santa Clara the day
and yearW- 'tl'1is certificate first above written.
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K 904PAGE1868
STIRJIATIONS '10 AGREEMENT '10 OONSTRUCT IMPROVEMENTS
No. 89-13
IIrprovements required by the City Deparbnent of Public Works are as
generally described below:
1. CUrl:> and gutter.
2. sidewalks.
3 . Driveways.
4. street grading, base and paving.
5. stonn drainage facilities.
6. Erosion control plantings and facilities.
7. Electroliers.
8. Underground corrluit with wiring and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. street trees and other improvements between the Cl1l:b and property
line.
II. street signs.
12. Relocation of existing fences, signs and utilities.
13. Payment of a pro rata share of the costs as dete:nnined by the
Deparbnent of Public Works of a stonn 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.
NOI'E: Fees are payable at the rate in effect at time of payment.
14. E:oJineering and inspection and plan check fees.
15. Sanitary sewage facilities.
16. Water system including valves, hydrants, booster stations and
reservoirs .
17. Undergrounding utilities.
18. others. (Describe below.)
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K 904PAGE1869
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