Construct Land Development Improvements - Woodworth Associates of California (2)
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7390 Rosanna Street, P. O. Box 66
GILROY, CALIFORNIA
95020
AGREEHENT BY m.INER OR HIS SUCCESSORS IN INTEREST
TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Parcel Map-Portion of Las Animas
Project Identification: Ranch Lots 30 and 32
This is an agreement between the CITY OF GILROY, hereinafter
referred to as "City", and
WOODWORTH ASSOCIATES OF
CA~IFQ~J_~-, INC..
hereinafter referred to as "Owner".
WHEREAS, Owner desires to subdivide or develop the property
described in Exhibit A and wishes to defer construction of permanent
improvemenr~ ?nc. (']t, J:rees to sur.h defer ent provided Owner agrees
,v ,_" -;,,"+ (I, \'0Vements as herein pro (tc:
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title or
possession of the real property described in Exhibit A. All the
terms, 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
Eyhihit A tt9 rerms nf this aereement shall apnlv s~parately to
each parcel ancl. the owner of each parcel shall. - succeed to the
obligations imposed on Owner by this agreement.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth
in this section may be deferred because:
Monterey Street in the area of this land division is not
currently improved, City is considering the development of a
policy for Monterey Street, to establish the extent of improve-
ment required for the ultimate development of this portion of
roadway and this policy may affect the extent and type of improve-
ments which would normally be installed by the developer or owner
adjacent to said land division.
City agrees to defer the dedication and improvement of Church
Street and Farrell Avenue until Parcel Three of said land division
is developed or re-subdivided, or until such time as an assessment
district for the extension of Church Street northerly of Ronan
Avenue is formed. *
City agrees to defer payment of water, sewerage and drainage
fees on Parcel Three until its development or re-subdivision. J
*It is understood that at such time as Church Street and
Farrell Avenue are extended or improved owner shall have no
obligation as a result of this agreement in excess of the
burden on other owners similarly situated. ~m~o ~ ~ l>r=
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DEFERRED IMPROVEMENT AGREEMENT -- Page 2
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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 Works
as generally described on Exhibit B. (Cross out improvements that
are not required.)
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
Sanitary sewage tacilities
Water system
Curb and gutter
Sidewalks
Driveways
Street grading, base and paving
Storm drainage facilities
Erosion control plantings and facilities
Electroliers
Underground conduit with wiring and pull boxes
Barricades and other improvements needed for traffic
safety
Street trees and other improvements between the curb and
property line
Street signs
Relocation of existing fences, signs and utilities
Payment of a pro rata share of the costs as determined
by the Department of Public Works of a storm drainage
or street improvement which has been, or i.s to be,
provided by Owner and others where such facility benefits
the property described in Exhibit A
Engineering inspection and plan check fees
C. When the City Director of Public Works 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
mA iJed to th.:' c"rrc!~.t o':.'ner or m.mers of the laud as shm.m on the
latest adoptt;d 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 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 WORK
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 approval
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 agrees to commence and complete the work within
the time specified in the notice given by the Director of Public
DEFERRED IMPROVEMENT AGREEMENT -- Page 3
B
005 r~.G~ 52
Works and to notify the City at least 48 hours prior to start of
work. In the event O~~er fails 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
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
property owners, the City and other public agencies 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 disagrees with the requirements set forth in any
notice to commence installation of improvements he shall, 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. MAINTENM~CE 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 necessary temporary drainage
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responsibiliLY 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. 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 a labor and materials bond in an amount and form 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 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 acceptable to City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and save harm-
less the City, its officers, agents and employees, from every expense,
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DEFERRED IMPROVEMENT AGREEMENT -- Page 4
liability or payment by reason of injury "including death" to
persons or damage ot property suffered through any act or omission,
including passive negligence or act of negligence, or both, of the
Owner, his employees, agents, contractors, subcontractors, or any-
one 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
nonuse 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 wilful 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
June
, 1974
ATTEST "
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CITY OF GILROY
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APPR VED AS TO FO
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Mayor
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City Attl}:t"ney
IN WITNESS WHEREOF, Owner has executed this agreement as of
June
1974
WOODWORTH ASSOCIATED OF
CALIFORNIA, INC.
BY(J2I}._, ~-'--" c;, /.{Jac,ti:~~"t;f/;.
President
~U_'- O~~r~S: L~~:;~r~
(This document to be acknowledged with signatures as they
appear on deed of title.)
STATE OF CALIFORNIA,
COUNTY OF SAN JOAQUIN
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ON June 26 , 19~,
befor~ me, the undersigned, a Notary Public in and for said State, personally appeared
Ol~ver A. Woodworth. Jr. and Irene W.
Shephard known to me to be the
President and Secretary ,
of the Woodworth Associated of Californa.. Inc.
the Corporatio~ t,hat executed the within Instrument, known to me to be the person who
executed the wlthm Inst~ument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same,
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WITNESS my hand and official seal.
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RECORDER'S MEMO
FAINT WRITING OR TYPING
OR CARBON COPIES MAKIi$
POOR PHOTOGRAPHIC RECORO
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(05 rAGE 54
PARCEL ONE
BEli'TG all of that certain 3.345 acre parcel ,)f land as shown
un RecJrd ,.Jf Survey Map filed for Record in Book 9 of .t1aps
at page 18, Records of Santa Clara County, California.
PARCEL T\.]O
All of Lots 6, 7 and 8 as shown on map enti tIed "Hap of Jas. A.
Clayton and C;)' S Subdivision of Las Animas Ranch Lot No. 31
and a part of Las Animas llancho, Lot No. 30, which map is filed
for record in Book !'V" of Maps at pages I and 2, Records of
Santa Clara County.
PARCEL THREEE
B~ING a portion of P.anch Lot 32 as shown on Map No.8, acc,)mp-
anying the Final Report e)f the H.eferees in the Las Animas Rancho
Partition Suit, Action No. 5536 had in the Superior Court of
the ~tate of California in and Ear the County of Eanta Clara, and
being more particularly described as follows: BEGINNING at a
point in the northerly line of Ranch Lot 32 distant thereon
S.88035'W. 37.47 feet from the northeasterly corner thereof in
the southwesterly line .Jf the uriginal Monterey Highvlay, as shown
on said map, and running thence along the southwesterly line ,)f
the existing Monterey Highway S.22020'E. 483.68 feet to the north-
easterly corner of the certain parcel of~nd conveyed to G. H.
Steele, et ux, by deed recorded December 8, 1949 in Volume 1888
at page 184, Official Records of Santa Clara County; thence alung
the northerly line of said land conveyed to Steele and the westerly
pre)longation thereof, being 150.00 feet northerly at right angles
from the n'Jrtherly line of Liman Avenue as shown on "t1ap of North
Gi lrJY Trac t", wh ich map is fi led for recJrd in Book "';<7" of 11aps
at pages 14 and 15, Records of Santa Clara County, S.88035'W.
851.94 feet to the intersection thereof with the northeasterly
1 ine 'Jf Car) "le Avenue as ShO\,,7'1 on said "Mar' ,)f North Gilrt,y ':'ract";
thence alo'lg the northeasterly line of Carlyle Avenue N. 22020 'We
483.68 feet to the intersection thereof with the northerly line of
Ranch Lot 32; thence aLmg the northerly line of Ranch Lot 32
N.88035'E. 851.94 feet to the point of beginning.
EXCEPTING THEREFROM the northeasterly 35.00 feet)f Parcel 'Two
as ccnveyed to the State of California for Highway purposes.
EXHIBIT A
(NOTE: There is no Exhibit B, since the nature and extent
of the improvements to be required on Monterey and
Church Streets have yet to be determined by the City.