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Construct Land Development Improvements - Connell, Dale ~ B 5267613 g77 PA2E339 t. ; I " _ ,_, ')RD ~ r,f:,C!L- ..:2,1 ()F ~I:i ~--' / ._,~ CITY OF GILROY 7390 Rosanna Streett Gl1roYt California 95020 P.O. Box 66 \\ \)11 l~\,t'Jj\) or r- j ,.,' ALL' '.,~ I,"~, I] r~ D S SMn/ 'J,fe, ,_..C Urn'( GEOf- [ .:, f!,;\h~i q E G! ' " r I) r< [l E n AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS NO FEE Project Indentification: Parcels 1,2 & 3 of Parcel 790-14-6 This is an agreement between the CITY OF GILROY, hereinafter referred to as "City"t and Da 1 e Connell 190 Fi rst Street Gilroy, California 95020 hereinafter referred to as "Owner", 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 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. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this sectIon may be deferred beacuse: improvements are inappropriate at this time. The owner agrees to dedicate a ten foot wide strip of land along his property frontage when required for future street widening. All on site construction shall be set back 30 feet from the existing property line. -1- r B 977 PAGE340 B. Owner agrees to construct the follrn~ing imorovements on the property described in Exhibit A as well as required off site imorovements in the manner set forth in this agreement: Improvements required by. the City Department of Public Horks as generally described belo~.... (Cross out improvements that are not requ ired. ) --II. ,l~~ 13. I. 2. 3. 4. 5. -to. 7. 8. 9. 10. Curb and gutter Sidewalks Driveways Street gradingt base and paving Storm drainage facilities Ere31sl. ceJlltrel pl:u:ttiFufS smt EHilitif's Electrol iers Underground conduit with wiring and pull boxes Barricades and other improvements needed for traffic safety Street trees and other improvements between the curh and property line. Stre.~t .5 j YI13 Rd15t:ari n af CHiHint'! fef'lEfJs, si{fRf: ~..,I ..tilitlrc'l Payment of a pro rata share of the costs as determined by the Department of Public Works of a storm drainage or street improvementi which has beent or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A Engineering and inspection and plan check fees ~~Ritar, J~wa~t: fa~iliti9~ I-later g'/stem I Ii. 15. l' . C. When the City Director of Public WOGks 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 he made. I I I. PERFORMAtICE OF THE \.JORK Cl.mer" agrees to perform the work and make the payments requi red by City as ~~, 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 aoproval 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 aqrees to CNnmence 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 ~6 hours prior to start of work. In the event Owner fails to construct any improvements required under this agreement, City maYt at its optiont d~ the work and collect all the costs from Owner. Permission to enter onto the -2- B g77 PAGE3Lil 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 ~rcp€rty cwners, 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 districtt if this method is feasible to secure the installation and construction of the improvements. V. REVIEW OF REQUIREMENTS If Owner disa~rees with the requirements set forth in any notice to commence installation of improvements he shallt within 30 days of the date the notice was mailedt 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 facilitiest ascess road or other required improvementst to assume responsibility for the proper functioning thereoft to submit plans to the appropriate City agency for review, if requiredt and to maintain said improvements and facilitiez In a manner which will preclude any hazard to life or health or damage to adjoininq prooerty. "". 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 ~ 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 malntaint 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. ! X. I NDEMN I TV The Owner shall assumz the defense and Indemnify and save harmless the City, its officerst agents and employeest from every expenset liability or payment by reason of injury "including deathl' to persons or damage to property suffered through any act or onissiont including passive negligence or act of negligence. or botht of the Ownert his employeest agentst contractorst sub- -3- B 877 PAGE342 contractorst or anyone directly or indirectly employed by either of themt or arising In any way from the work called for by this agreementt 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-oerformance 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 agentst servants or Independent contractors who are directly responsible to the City. IN 'JITNESS WHEREOFt City has executed this agreement as of November 17, 1975 ATTEST: CITY OF GILROY c~ /2-i J ({,4^IJ10) e: ,-( ---..-------, 0'cY?cm'~~ -:---"'--f:---j /J ;g~" ,I. //'/ L....;..' ~., ~ 0" /- . ..--:2/ " / <. > / // ' --Z /~t:d'..?'l' " ' " c ..:.c..-c"./ - ( ~ Mayor City C ,1 ~.rk;', C ty Attorney IN WITNESS WHEREOF, Owner has executed this agreement as of November 14. 1975 I: v / , .-;:-- / ~k 1_ f. , -~--- / / / ;;,. --.", .- " - I ..- '_._".// / - - I _ ./ ,_ /1.-- /(/ ,/ / "L~_ ,_ . STATE OF CALIFORNIA ) )ss COUNTY OF SANTA CLARA ) On this 14th day of November, in the year one thousand nine hundred and seventy-five before me, SUSANNE E. STEINMETZ, a Notary Public, City Clerk, City of ,_Gilroy, State of California duly sworn, personally appeared DALE B. CONNELL ~. known to me to be Dale B. Connell described in and that executed the within instrument on his own behalf and acknowledged to me that he executed the (Thi~"document to be acknm ledged with signatures as they appear on deed of title.) I ,'SCime.- IN WITNESS WHEREOF I have hereunto set my hand and affixed my official ,',:~~alI6'tt,the Ci ty of Gi 1 roy in the County of Santa Cl ara the day and year in t!',.,:_s:".,:c, 'rr,tif i cate fi rr, 'abO, ve" r}_~~=~:- /_ . ,~7)/iI:Jc::~J 0' C7/Z&~' ~itYSlerk, City of Gilroy, State of ~j ~ornia per CC Sec.1181; GC Sec. 40814. .:......'..:-.. -~ '.".~.''''~'' ..~ .. '- . ... ~ 4 '... ' .... . . .... ,,' ~.. . .'- "- :.'-.: ...... - ------ ...... " . "...4 ...... -:.:.. . " " " ...... :.....: ..::.. :::- " ' " , . . 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