Construct Land Development Improvements - White, Darol and Loretta
NO FEE PER GC Sec. 6103
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7390 Rosanna Street, P. O. Aox 66
Gilroy, California
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CITY OF GILROY
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AGREEf.1ENT BY mINER OR HIS SUCCESSORS IN INTEREST TO:;:',:;!::JFJ< i..
COtISTRUCT lAND DEVELOPt1ENT H1PROVEr1ErnS
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Project Identification: Northwest Corner of Monterey Roarl and
Day Road. Assessor's Parcel #783-19~010'
This is an aqreement between the CITY OF GILROY. hereinafter
referre.~. to ~s "City". anti Darol and Loretta hJhite
hereinafter referred to a5 1''''''!1~r".
HUEREAS, O\'Jner desires to subdivide or develop the property /
d~scr1bed in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
UOII. TIIEREFORE, IT IS AGREED:
1. AGREEtlENT BWnING on SUCCESSORS HI INTEREST
This agreement, toqether with the attached stipulations. i5 an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, 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 descrlhed in Exhibit A. the te~$ of this agreement shall
apply separately to each parcel and the owner of each parcpl shall
succeed to the Obligations iqlosed on O,-mer by this agreement.
11 . STREET AUD ORAWAGE WPROVEt1ENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because: These improvements and Area Water
and Storm Drain fees are inappropriate at this time.
B. Owner agrees to construct the following improvements on the
property described in Exhibit A as well as required off site improvements
In the manner set forth In this aqreement:
Improvements required b~ the City Department of Public "forks as
generally described below. ,Cross out Improvements that ure not
required.}
1. Curb and gutter
2. Sidewalks F 937 P!~: 255
3. Driveways
4. Street grading. base and paving
5. Storm drainage facilities
6. ErosIon control plantlnQs and facilities
7. Electrolfers
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 curh and
property line.
11. Street signs
12. Relocation of existing fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public \Jorks of a storm drainage or street Improvementi
which has been. 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 Director of Public Woeks determines that the reasons for
the deferment of the improvements as set forth in section II no lonqer 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 adopted 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 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. PERFORMAtlCE OF THE 1tI0RK
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 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 improve.ment 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 falls to
construct any improvements required under this agreement, City may, at its option,
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.
F 937 r~~: 256
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with oth~r ~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
district, If this method Is feasible to secure the Installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disaqrees with the requirements set forth in any notice to
commence installation of Improvements he sha", within 30 days of the date
the notice was mailed, request a review of the requirements by the City Counci1.
The decIsIon of the CouncIl shall be binding upon both City and Owner.
V I . MA I NTENANCE OF H~PROVEMEUTS
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 riqhts 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 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 damaoe to adJolnlnq property.
"II. BONDS
Prior to approval of Improvement plans hy the City, Owner may be requir~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 ffleased 'by the
City Council in whole or in part lIpon completion of the work required and payment
of all persons furnishing labor and materials In the performance of the work.
VII I. 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 policy of insurance In a form and amount acceptable to
City.
I X. I NDEMN /TV
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 reason of injury "including deathll to persons or damage to property
suffered through any act or onisslon, Includlnq passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
-3-
F 937 p~~: 257
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 matter, 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 arlslng from the sole negligence or willful misconduct of the City
or Its agents, servdnts or Independent contractors who are directly responsible
to the City.
IN WITNESS \JHEREOF, City hat executed th Is agreement as of
February 17, 1981
C ITY OF GILROY
"'\
APPROVED AS TO FORM
IN WITNESS WHEREOF. Owner has executed this agreement as of 28th
~anuary, 1981
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STATE OF
CAL'FORNJA
COunty of S
anta C7ara
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known t y appeared Y of Santa C~, befor year of One t
th 0 me to be ---J),gro7 Whit a, State of C e.me, JUdy Dj hOU5and
-~~~ execute~~~and Loretta Whita71fornia, dU7;Z'
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: ,NOTARY PUBL/ I
. SAN C. CAli FORNI
'0"" M T A CLARA co A
y CommiSSion ex . UNTY
pIres S~Pt. 30, 1983
City Clerk. City u. _
per C I" I I Code See. 1181. Goven........_
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"EXHIBIT A"
North-West Corner of 1'-1onterey Road and Day Road
Darol and Loretta White
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