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Construct Land Development Improvements - Wilson, Tom NO FEE per GC 6103 E 805 p~~: 382 6503852 J',) CITY OF GILROY E 805 p~~: 382 Fli.ED FOH .'{ECOHO AT REQUEST OF. ~Mri ,-, Ar' 'r ~"'7~ \>:"P li\ I' 0 2 ;;r~ Ii'l vLl ioU rH'. I v Supplemental Deferred Development Agreement 7390 Ros~nna Street, P. n. Rox 66 Gilroy, California 05020 NO OFFICI/,L r;:' '~I;} A .~~i ~!" ~,,: ,c ';: ~; fl\ f,\ ,. ','".', "",., ',,"'.,..,'.,. J'",. r.;,._,,_. 'r:.,.,', It- ' .:::; ,,".';,: ;' ." .. Ii L:," ';,~"Jlo,,: ~ ,,~'" 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. E 805 p~'~: 383 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 -1.- E 805 r~~: 384 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- -3- E 805 p~~~ 385 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 ,,(, , ~ ~+fdM~?~ /I~ '~;f~,! ty , ,Cl erk. "" " ~ Mayor . "i~I-\~-; l:, .~~ ,,~:~~,;~:,,;,c' APPROVED AS TO FORM Owner has executed this agreement as of 17th September 1979 ./~~~~ (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 ", -4-