Construct Land Development Improvements - Wilson, Tom
NO FEE per GC 6103
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CITY OF GILROY
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Fli.ED FOH .'{ECOHO
AT REQUEST OF.
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Supplemental Deferred Development Agreement
7390 Ros~nna Street, P. n. Rox 66
Gilroy, California
05020
NO
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I1.GREH~F~lT r,y mn,IER OR HIS suCCeSSORS PI PlTEREST TO
conSTRUCT LMlO DE"ElOPrlPlT mPR()VEf~P'TS
Project Identification: Parcel I of 790-07-009 ( New # 790-07-011)
This is an aqreement betl!Jcen th", CITY OF GILRny, hereinafter
referre,'l. to ~s lIf,i ty", anrf
Tom Wi 1 son
here; nafter referred to as ",..."'C'rll.
HHEREAS, Ol'mer desires to subdivide or develop the property
described in Exhihit ^ and ~rishes to defer construction of permanent
improvements and City al'Jrees to sllch deferment provi ded O\.'mer a~rees
to construct improvements as herein providp.d.
NO'!, TnEREFORE, IT IS r\G~EEI):
1. AGP.EEt1EilT SrmP1G 0'1 SUCCESSORS Fl InTEREST
This a1reement, toqether with th" attached stipulations, is an
instrument affectin~ the title or possession of the rGal property
describ~d in Exhibit A. Ail the terms, convenants anrl conditions
h~rein imposed shall he binding upon and inure to the benefit of the
successors in interest of Ovmer. Upon the sal~ or division of the
property descrHed in Exhi bit in.. the terns of thi s agreement shall
apply separately to each parcel and thC' owner of each parcel shall
succeed to the obl i9ations imposed on 'JI'!ner by this agreement.
11. STREET Arm OR.1\HlAGE H:1PROVEJ1ErHS
A. City and 0wn~r ~qree that the improvements set forth in
this se,ction may be deferr~d hecausp.:
This agreement is to supplement the previous agreement
with Mr. Larry VanDeventer filed on May 5,1978 for this property in
book 689 of deeds on pages 123 thru 128.
A further condition establishing special restrictive
building setback lines for this parcel is hereby added. These
setback 1 i nes are to rema i n in effect unt i 1 A 11 the pub 1 i c i mprove-
ments including city standard fire hydrants have been formally
accepted by the city, city standard setback lines shall apply thereafter. No
above ground structures are to be built or placed within these
setback limits so long as they apply.
Thec,spec i a 1 setbacks a re as fo 11 ows :
(I ) No closer than 30 feet to the Northerly
property 1 ine.
(2) No closer than 50 feet to the Easterly
property 1 ine.
(3) No closer than 15 feet to the Southerly
property 1 i ne.
The property Owner is again reminded of his obligation to
install all referenced public improvements upon notice by the city.
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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 agreement:
Improvements required by. the City Department of Public Horks as
generally described below. (Cross out ir:1provements that are not
requ ired. )
1. Curb and gutter
2 . 5 i dewa 1 ks
3. Driveways
4. Street gradinQ, base and paving
5. Storm drainage facilities
6. Erosion control plantinas and facilities
7. Electroliers
8. Underground conduit with wirin9 and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements betw~en the curn and
property 1 i ne.
11. Street signs
12. Relocation of existinq fences, sions 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 improvement;;
which has been, or is to be, provided by nwner 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 Wo~ks 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 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 he made.
Ill. PERFORMMICE 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 he prepared by competent persons
legally qual !fied to do the work and to submi t 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 rec tor of Pub 1 i c \,-Jorks 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~nt, 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.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other ~rcr.f.rty 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 disa~rees with the requirements set forth In any notice to
commence installation of improvements he shal', within 30 days of the date
the notice was mailed, request a review of the requirements by the City Council.
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 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 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 damaoe to adjoininq prooerty.
\f' I. BONDS
Prior to approval of improvement plans by 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 rfleased '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 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 acceptahle to
City.
IX. INDEMN ITV
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 death" to persons or damage to property
suffered through any act or ooission, includinq passive neo.ligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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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 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
Septemb~r,J:1"i 1979
!
CITY OF GilROY
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'~;f~,! ty , ,Cl erk. "" " ~ Mayor
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APPROVED AS TO FORM
Owner has executed this agreement as of 17th
September 1979
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 17th day of September
nine hundred and seventy-nine
Steinmetz , a Notary Public, City
California, duly sworn, personally appeared
known to me to be the person
executed the within Instrument on his
ledged to me that he
in the year one thousand
, before me, SllsannE:> F
Clerk, City of Gilroy, State of
Thomas Glen Wilson
described in and that he
behalf therein named, and acknow-
executed the same.
IN WITNESS 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
this certificate first above written.
State of
"1181; Government
",
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