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Construct Land Development Improvements - Barrow, J. N 2 2 4 PA GE t h 83 12288714 NO ~EE PER GC SEC 27383 Fit: D FOR REOOnL t, T f\E OU[~>: OF Susanne E. Steinmetz, City CIE City of Gilroy 7351 Rosanna Street 66 Gilroy, CA 95020 - ~~_J~ g \99) Ut , AGREEf.1fNT 8Y OlINER OR HIS SUCCESSORS IN INTEREST TO COtlSTRUCT LAND DEVELOPrtENT H1PROVEr1ErnS ....... - L'. ':1flr')'. JL.jtL vc< a ,. ) (\ >',. .i~' tg. o' j .~" I.... ".., i 1'1 ... 'Jtl.,-..J 1.\J1.11l'; <:; ',' i~'.'I'.~.,..,. r., ..,....,. ..!'",."t'""f"'" ~\1't\ ~.j.,;,t,f':,: ;j'''~ \.,,/-,,'Ui\: ' II ". S h.._ .. \ Project Identification: Assessor's Parcel 835-01-022 This is an aqreement between the CITY OF GILROY. hereinafter referre~.to as "CHy", an1 J. Barrow hereinafter referred to as """';l~r". HUEREAS. O\'Jner desires to subdivide or develop the property d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent improvements and City agrees to such defenment provided Owner agrees to construct improvements as herein provided. NOli, TIIEREFORE. IT IS AGREED: 1. AGREEtlENT BJlJOING on SUCCESSORS HI INTEREST This agreement. toqether with the attached stipulations. 15 an instrument affectinq the title or possession of the real property described in Exhibit A. All the tenms. 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 descrihed in Exhibit A. the te~s of this agreement shall apply separately to each parcel and the owner of each parcpl shall succeed to the ob11~ations 1n~osed on Ol-mer by this agreement. 11. STREET Arm ORAIrJAGE WPROVEMENTS A. City and Owner aqree that the improvements set forth in this section may be deferred because: The imp ro veme n t 0 f th e westerly half of Fore~t Street north of Leavesly Road is inappropriate at this time. Such improvement will be appropriate when additional properties served by this street are redeveloped or are developed for the first time. Rights of way must be acquired and provided at such time that the improvements are constructed. ..... " ""'('<;0 nn:"'~' b~ Pl1oto'grRpnlC Hn.:',"-1:". .::J j "" poor due to COddition ot original document. N 2 2 4 PA GE ! 484 B. Owner agrees to construct the following improvements o~ the property described Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by the City Department of Publ ic Works as generally described belo~. (Cross out improvements that are not required.) 1. Curb and gutter 2.. ~ i elc.~..:: lies 3. Driveways 4. Street grading, base and paving. 5. Storm drainage facilities 6. Erosion control plantings and facilities 7. Electrol iers 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 curb and property line. 11 Street signs 12. Relocation of existing fences, signs and utilities. 13. Payment of a pro rata share of the costs as determined by the Department of Publ ic Works of a storm drainage or street improvements which has been, or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A. 14. Engineering and inspection and plan check fees 15. Sanitary sewage facil ities 16. Water system. C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set fo.th in section I I hO longer exist, he shall notify Owner in writing to commence their installation and construction The noti,ce 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. All of 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 facil ity provided by others, the notice shall include the amount to be paid and the time when payment must be made, ltl~ 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 Publ ic Works and to notify th City at least 48 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 property of Owner is granted to City or its contractor as may be necessary to construct such improvements. -2..,. N 2 2 4 pn GE 485 I:: .)O! 1;T C;(-:,['[[:[r ~ Vf:: F'Lt\r.j Owner agrees to ccoperate upon notice by City with other property owners, the City and other pub! ie agencies to provide the Improvements set forth herein under a joint cooperative plan including the formation of a local impro~ement district, if this method is feasible to secure the installation and construction of the improvements. V. R~~EW OF _REQU_I REM..f~}:!.~.?_ 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 wal 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 I I which are constructed and completed in accordance with City standards and requirements and are instal led within rights of way or easements dedicated and accepted by resolution of the City Counci I. Owner agrees to provide any necessary temporary drainage facilities, access 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 I ife or health or damage to adjoining property. VI 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 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. V I I I. INS U RAN C E Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performarce of the work called for herein, a separate policy of insurance in a form and amount acceptable to City. IX. INDEMNITY The Owner ~hal1 assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liabil ity or payment by reason of injury "including death" to perSOrlS or damage to property suffered through any act or omission, including passive negligence or act of negl igence, or both, of the Owner, his employees. agents, contractors, sub- 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 faci lities or the adequacy. safety, use or non~U5e of temporary drainage facrlitres, the performance or non-performance of the work. -3- N 2 2 ~ PA GE I 4 8 6 This prOVISion shall not be deemed to require the Owner to Indenmify the City against the liabi Jity for damage arising from the sole negligence or wi Ilful 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 September 21, 1981 ATTEST: CITY OF GILROY ~ ~ U4~ ~ / - I City Clerk APPROVED AS TO FORM /Jew !(l!)k~ C ty Attorney fI I IN WITNESS WHEREOF, Owner has executed this agreement as r"'-" . J..~ttW;{i . u/ ~" Of_4-!j/;'.f <_ ,,/' / ....,// (This document to be acknowZedged with signatu.Y'es as they appeCU' on deed of t-iUe) STATE OF CAL I FORN'IA ) ) ss. County of Santa Clara ) On this nine hundred and State o' Cal ifornia, known to me to be executed the within ledged to me that instrument on he IN WITNESS WHEREOF 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. City Clerk, City of Gilroy, State of per Civil Code Sec. 1181; Government I !"" . . ~ -.J ~ N ~ 9 ) . . ul . c,I ul ~ h' I '" a .. ;-"~ N N - G) ~ G'l (JI I .m 1 -0 ~ .;:11;: . 'I' ('\ r I -/ 't ~ ~ 5d ,>: 1/). (J) ", (J) (J),., ~ ~ 11 n 1+ o Z N VI \Q ~ "" r- ?\- m c ~ z ~ (i) ", N OJ 0 :It CIIl ~:::::i .~ E."O n l> < ", n 1> n~ ~ N 2 2 4 pn GE 1, ,~ 81 o o ~ ~ I~ ~ rt~ 'Z~9 ,0 () jqO BE> -,j l..I ~ '\I "l -- ~ ..,~ ~o ~~ ...'. . " . It\) .,. 1}.1 SO I~ 50 LEAVESLEY- - \' CJ) ~ ~ z CJ) -i o Z r- ~ z ", EXHIBIT IIAII J. Barrow Agreement I ~t ..,I Ii ~~ ~1t lSl II I"'" rJl ro) ~I :t ol~ ,. 1.>111>1 II I~ I I .._.1 ~1 ~I \ '"Tl o ::0 fT\ CJ) -i CJ) -4 Q ( ~~) .... 6 .. · N~ I~ (5 .. CIIl '" ~ o z ", -f :: It\) II\) ---l ..... C) ~ I~SIO (OlD'! 55 <05.'19 ~ I~ r-- I I I ' I..... ~ ROAD . r"Ou> O-iC -izm . 0 <J 010- ~_u> o rZ gl~ (1)0 - Vl C mJ>- . ~?