Construct Land Development Improvements - Chiado, Bino P. and Anita M.
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CiTY OF GILROY
7351 Rosanna Street, P. O. Box 66
Gilroy, Cal ifolnia
95020
G 675 ;}~GE 297
AGREEMENT BY OWNER OR H!S SUCCESSORS IN INTEREST TO
CONSTRuCT U\@ Di:=J/ELOP":ENT It,IPF(C>VUiENTS 82-4
_-_______.___~..__~~.__"c,.__.,_.-.. ,....__.__.._ .._._.____a___ ......____~.____~ _~__
7411 Railroad St. - Gilroy, Ca.
Project Identification: Assessor's Parcel #841-09-001
This Is an agreement between the CITY OF GILROY, hereinafter
referred to as IICITYil, and-1U..~_and...6_nita M. Chiado
781 Fourth Stree~lroy, Cal Lfornia
Hereinafter referred to 2S "0wner".
WHEREASt Owner desired 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:
1. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property
Jcscribed in Exhibit A. All the terms, 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.
II.
STREET AND DRAINAGE IMPROVEMENTS
and parking lot improvements:
A. City and Owner agree that the improvements set forth in
this section may be deferred because: Improvements are inappropriate at
this time. However, any change of use or ownership will invalidate this
deferrment. Owner shall grade and oil and screen the parking area to
provide all weather parking before any occupancy of the building.
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G 675 :1~.Gt 29B
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 Derartment of Pub] ic ~!orks as
generally described below. (Cross out improvements that are not
req u ired. )
1. Curb and gutter
2. Sidewalks
3. Driveways
4. $tft~t/~t~~)~nj,/PPfiP/PPP/PPP~IY.Y.
5. ~t~;~/~t~J~~~ft/fftt)fi)t)pp
6. ~;~il~~/t~~ttp)/Pfift~t)~~/~!~II~V~}V~
7. V.UUt~)Jf.tj,
8. 8 Relet=~t=eI::lR6- €efl6-t1~ -t- ....J-i-t~ -v./-i-r-i-r..g... -a.n.d. ...p.u.LL.bo.x.es
9 . Be ft= 1- eEl tl e 5 - tI fl6- e-t he.. - ~ fnP-I~-S- -n.e.e.d..e.d- ..f..o..r- -t.r ...a.f-E Lc. _s.a [e t ~
10. Street trees and other improvements between the curb and
property line.
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12. Rei ocat; ~n- 'Of- -ex-i"5~-i-ng- -f-en-c-es-,- -s-i-g.n-s- -a.r+cl- ...u.t-j....l-j....1;..~.
13 . PCl1n1ent- 'Of- -tl- -p1""O- -r~-a- "'s.h-a-r-e- -o-f- -t-h& ~s-1;..s- ~s- ...d.6.t.e.t:m i-r:l-~d -b'f _ tbe
Qef)t1Ttffiefl-t- ~-.p-u-b-l...j-c- -Wo-r-k-s- -o-f- -& -s-t:G-r-fR. 4J:.a..~ -G-t=- -s-1;..!=-@@t - j..~p I=O\!~HR"H:j.tS
Wfl~€fl-fltl"5-~t-~-...j-5-~-o-~,~r~~~~-~~~t=--a.~-Gt~81=~-W~~~~-~u~h
.f t1t:1 ..:J -i -t-y- -betref -i~-s- ~-he- -p-i-&j)€-r-t-y- 4e-SGF- ~e-e.G. - i-n- -&x.R. ~~ ~ t -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 ~o longer exist,
he shall notify Owner in writing to commence their installation and construction
The notice shall be mailed to the currerlt 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 v/hich 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.
lt1~ 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 agreementt City may, at its option
do the \"Jork 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.
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IV
JOINT COOPERATIVE PLAN
G 675 i11GE 299
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
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 facilities, access
road or other required Improvements, to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City agency for reviewt
if requiredt and to maintain said improvements and facilities in a manner which
will preclude any hazard to life or health or damage to adjoining property.
VI I. BONDS
Prier to approval of improvement plans by the CitYt 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.
VI II. 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
CitYt its officers, agents and employees, from every expense, 1 iabil ity or
payment by reason of injury 'Iincluding death" to persons 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 premisest 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-
G 675 \)~.Gt 300
This prOVISion shall not be deemed to require the Owner to Indenmify the City
against the liabi 1 ity cor damage arising from the sole negligence or wi 1lful
misconduct of the City or its agents, scrvznts or independent contractors who
are directly respons: to the City.
I N WI TNESS WHEP,
t City has executed this agreement as of
February 1, 1982
ATTEST:
CITY OF GILROY
-A2uJw.-J~9'
~ Clerk ,
APPROVED AS TO FORM
IN WITNESS WHEREOF, Owner has executed this agreement as of
February 1. 1982
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(This document to be acknowZedged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
) ss.
County of Santa Clara )
On this 1st
nine hundred and
day of
eighty-two
February
,a Notary
State 0- Californiat duly sworn, personally
krlown to me to be the persons
executed the within instrument on their
ledged to me that they
in the year one thousand
before met Susanne E. Steinmetz
Publict City Clerk, City of Gilroy,
appeared Bino Chi ado & Anita Ch,ado
described in and that they
behalf therein named, and acknow-
executed the same.
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.
A~~ k.c~
~erk. City of G11roy, State of
per'Civil Code Sec. 1181; Government
ornia
Sec. 408]4
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"Exhibit A"
Chiado Agreement