Construct Land Development Improvements - Clifford, James F. & Janet R.No fee. per GC 6103
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ITY OF OILROY
1 7390 Rosanna Street, P. 0. Rox EF
Gilroy, California
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AT RE-Q E'S' OF
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AGREEMENT BY OVINER OR HIS SUCCESSORS III INTEREST TO
CONSTRUCT LAND DEVELOPMEW IMPROVEMENTS
Project Identification:
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Commercial Expansion -E.9th ^t.
This is an agreement between the CITY OF GILROY, hereinafter , /) C
referred.to as "City ", and James F. & Janet R. Clifford
hereinafter referred to as
PHEREAS, 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.
M011, THEREFORE, IT IS AGREED:
1. AGREEMENT BVIDI "IG ON SUCCESSORS 19 INTEREST
This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he 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 Oli-ner by this agreement.
11. STREET AND DRAINAGE IMPROVEMEPITS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
Improvements are inappropriate at this time, however the owner or
his assigns agrees to install improvements and dedicate additional
right -of -way as will be necessary at such time as any other owner
on Ninth Street constructs improvements.
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 lJorks as
generally described 'o low. (Cross out irnproverients that are not
required.)
1. Curb and gutter E 14ki 3:
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantings and facilities
7. Electroliers 01,
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 Public Works of a storm drainage or street improvement
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 facilities
16. Water system
C. When the City Director of Public Works determines that the reasons for
the deferment of the imnrovements as set forth in section 11 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 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 or 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 he made.
Ill. 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 he prepared by competent persons
legally qualified to do the work and to submit said improvement plans and
specifications for anprcv;l prior to commencement of the work described in the
notice and to pay city inspection fees. The work shali he 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 Vforks and to noti�wy the
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
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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
IS. =JLI s
Owner agrees to cooperate upon notice by City with other FrcpFrty cwners,
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 REQU i REMEMTS
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.
V".. MAIMTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section 11 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 property.
VII. BOMDs
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 rflensed'hy 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.
VI11. 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 death" 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 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. 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 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
Nov e- ax G d-r- old . 19 7 6
ATTEST ;r; CITY OF GIEROY
C I y : C �i"k Mayor
k4 i
APIA j. F99M
ty Adminis rator
City Attorney
IN WITNESS THEREOF, Owner has executed this agreement as of .?o be
(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
State of CALIFORNIA
SS.
County of
SANTA CLARA
GENERAL ACKNOWLEDGMENT FORM
On this the F day of OCTOBER 19 78 , before me,
WALTER J. WILLIAMS
the undersigned Notary Public, personally appeared
JAMES F. CLIFFORD
JANET R. CLIFFORD
Known to me to be the person(s) whose name(s) ARE subscribed
to the within instrument and acknowledged that THEY
executed the same for the purposes therein contained.
IN WITNESS WHERE , I hereunto set my hand and official seal.
WALTER J. WILLIAMS
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