Construct Land Development Improvements - Non-Recorded - Owl Enterprises
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C1 TY OJ:: GUFOY
7390 Rosanna Street, P.O. 80x h6
Gil,oy, California
95020
AGREnlErlT BY mINER OR HIS SUCCESSORS HI I NTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Project Indentification: Owl Enterprises- Division of Land
This is an agree~ent between the CITY OF GILROY, hereinafter referred
to as lie i tyll, and
Owl Enterprises- A General Partnership
hereinafter referred to as "0vmerll.
WHEREAS, Owner desires to subdivide or develop the property described
in Exhibit A and wishes to defer construction of permanent improvements and
City agrees to such deferment provided Owner agrees to construct improvements
as herein provided.
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, convenants and condl~icns
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 terms 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. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth In this section
may be deferred beacuse:
The improvements for the entire site (Parcel 5 of the Record of Survey
recorded in Book 182 of Maps at page 39) will become necessary upon the
development of either parcel into which it is being divided at this time
(See Exhibit "A1I).
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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 \forks as
generally described in Exhibit B. (Cross out improvements that are not
required.)
1. €nrb-~nd-9tltte~
2. Sidewalks
3. Driveways
It. 5"t1"eet- ~i 'M~. - ~e- $€- i*W4 ~
5. 5-rorm- d-rtl-1 'Mtl!)e- .f.ae-i-H-t-ies
6 . f-ros-i en- "C'Of'lt"f"C-l- fH -afl-t -i i'l-E}5- .afld fa ci 1 i tie 5
7. Electroliers
8. Underground conduit with wiring and pull boxes
9 . furrri~-"81'td- -&t+'re-r- -i~~ ~:f:Of'= ::t;:r:ef::fd:c:::::caf~
10. Street trees and other improvements between the curb and
property line.
11 . S-t1 ~et. -s-i-gns
12. Relocation of existing fences, si~ns and utilities
13 . ~aynren1:- of--a- 'f'T'O"" -nrt-e- '5n'M'-e- 'O"f- -t....-e- ~@'IS-t-s- ws.. .I~~ tn:i~:. &.yd:he
f}epartrrrenr 'Of- -P'tri:rl-i -c:- +Jork-s- of- -a- -s-t'E}ffll- 4r-a-i.,.,afJe- -0;- .s.t -r-ee-t - -i -R'lfH".ov.elOOM~ .
whi'ctl- ndS- tn:rerr; - ur-; '5- to- tre-,- ".rov-i~ -by- ~ '81'l'd- 'Ot-her-s- "mere--s'itCh
icn:tii"ty t-enents-1;'tre- P1 ope rty- -de5"Cf'"i-betl- -i 'fl- f~ hi -t--Pc-
14. Engineering and inspection and plan check fees
15. "S-arri"'ta'Ty ~ faci-i;-ti~
16 . tlcrt'er"S""{S1:"eT1l
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 be made.
III . PERFORMAtlCE 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 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 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 Works and to notify the
City at least ~8 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 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 ~rcperty Gwners,
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. REV I H! OF REQU I REMENTS
If Owner disa9rees 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. 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 rights 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 damage to adjoining prooerty.
V II. 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 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 acceptable to
City.
IX. INDEMNITY
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 onission, including passive negligence 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 arisin9 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
mis~onduct of the Cit~ or its 2gent3, ~~~va"ts or independent contractors who
are directly responsible to the City.
IN \!fTNESS '!HEREOF, City has executed this agreement as or
May 19, 1975
ATTEST:
CITY OF GILROY
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C:)J LCt~~.n"L.j~
)tnfU~J
Mayor r
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City Clerk
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'-f'/U({Zi {!v. il~
Administrator
City Attorney
IN WITNESS WHEREOF, Owner has executed this agreeMent as of
May 16. 1<3]1)
(This document to be ackno\ ledged with signatures as they appear
on deed of title.)