Construct Land Development Improvements - Burgman, Elmer H. and Virginia R.
NO FEE per r,C Sec. 6103
3'2-3
7351 P,oo;anna S tree t ,
Giiroy, Californi,J
95020
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~ '1 FILLO 'Oil REGv~U
REG. F~<I~~ AI REQUEB~
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AGREEI~ENT EY O\,JNE? OF~ HIS SUCCESSOF{S J N I NTERESTi~[~T~ti{"~(~~bRrim
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P. O. Box 66
en y c r: G I L i\OY
Project Identification: Assessor's Parcel #790-l6-_Q]~
This is an agreement between the CITY OF GILROY, hereinafter
referred to as "c iTY", and Elmer !~0n~ Vi rgi ni a R. Burgm~______
Hereinafter referred to as "Owner".
\.!dErn=j~:), OVJ~I'::: ':!e::ired to sub,jiv;de or' develop the f11'-operty
described in Exhibit A and wishes to defer construction of permane~t
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOW, THEREFORE, IT IS AGREED:
1. AGREEMENT BINDiNG ON SUCCESSORS IN INTEREST
This agreement, togpther with the attached stipulations, is an
instru!Tlent affecting the title or possession of the real property
described in Exhibit A. All the termst convenants 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 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.
!:. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in
this section maY be deferred because: These improvements are ina-
ppropriate at this time.
G 540f'!Gf 271
B. Owner agrees to construct the following improvements on 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 Public Works as
generally described belm.... (Cross out improvements that are not
requ ired. )
I. Curb and gutter
2. Sidewalks
3. DriveVJays
4. Street grad lng, base and paving.
5. Storm drainage facilities
6. Erosion control plantings and facilities
7. Electre.liers
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.
]3. Payment of a pro rata share of the costs as determined by the
Uepartment of Pub] Ie 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 forth in section I I '0 longer exist,
he sh211 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 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 facility 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 Cfty 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 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~.
IV
JOINT COOPERATIVE PLAN
G 540 f'!bE 272
Owner agrees to cooperate upo~ 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
districtt 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 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 installed within rights of way or easements dedicated
and accepted by resolution of the City Counci 1.
Owner agrees to provide any necessary temporary drainage facil ities, access
road or other required Improvements, to assume rasponsibi lity for the proper
functioning thereof, to submit plans to the appropriate City agency for reviewt
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.
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 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
CitYt its officers, agents and employees, from every expense, I iability or
payment by reason of injury "including deathl' to persons or damage to property
suffered through any act or omission, including passive negligence or act of
negligence, or both, of the Ownert his employees, agentst 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 facilities or the adequacy, safety, use or non~use of temporary drainage
facilities, the performance or non~performance of the work.
-3-
G540r~.Gf27J
This provIsion shall not be deemed to require the Owner to lndenmify the City
against the liabi I ity 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 WllNESS WHEREOF, City has executed this agreement as of
December 21, 1981
ATTEST:
CiTY OF GILROY
~ ~iL:~
M/~erk
I N WiTNESS
8th, 1981
APPROVED ^S TO FORM
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Ciy Attorney
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executed this agreement as of December
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(This docu~ent to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA
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County of Santa Clara
io 1944 CA (8-74)
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(Individual)
STATE OF CALIFORNIA
COUNTYOF Sonoma
I! On DeCember 8
t I State, personally appeared ~
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,. TITLE INSURANCe
==- AND TRUST
i I roy,
A TlCOR COMPANY
1 981 before me, the undersigned, a Notary Public in and for said
Elmer H. Rurg/ll"n "nn Virgini" R. BlJrgmar;J
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, known to me
_subscribed
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to be the personS-----.whose name-S are
to the within instrument and acknowledged that
executed the same.
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MARYANN MELLO
r,OIA;,Y PI/!3L1:; - CALlrORNIA
PRINCIPf,L OFFICE IN
SONOMA COUNTY
My Commission Expires Apr. 23. 1983
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Sign"n"~ 1"r) QDO~
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(This area for official notarial seal)
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OFFICE OF COUNTY ASSESSOR
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CITY OF GILROY
EXHIBIT A
Burgman Agreement