Construct Land Development Improvements - Country Estates Venture - No. 87-26
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:'\:~~anne. E. Steinmetz, Ci tyClk
.'LI:) ~of Gilroy
7351 Rosanna Street (~,
Gilroy, CA 95020 ~
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CITY OF GILROY
7351 Rosanna Street
Gilroy, California 95020
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AGREE~1ENT BY OWNER OR illS SUCCESSORS IN INTEREST TO
L 098 PAGE 21 7 4
CONSTRUCT LAND DEVELOPMENT IMPROVEHENTS
No. 87-26
Project Identification:
APN 783-04-009, 011, 012, 013 & 014
This is an agreement between the City of Gilroy, hereinafter referred
to as "City", and COUNTRY ESTATES VENTURE
hereinafter referred to as "Owner".
WHEREAS, Owner of the property described in Exhibit A, wishes to defer
construction of permanent improvements" and City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEHENT BINDING ON SUCCESSORS IN 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, covenants 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 ~he improvements set forth in this
section may be deferred because:
These improvements are not appropriate at this time.
B. Owner agrees to construct the improvements as described in the
attached stipulations on or adjacent to the property described on Exhibit A
as well as required off site improvements in the manner set forth in this
agreement. The improvements listed are understood to be the minimum
requirements forseen at this time. Improvements shall include all items
necessary to provide a complete operational facility including all
appurtenances in conformance with current City standards in effect at the
time of construction.
C. When the City Director of Public Works determines that the reasons
for the deferment 0\ the improvements as set forth in Section II - STREET
AND DRAINAGE IMPROVEMENTS 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
countv assessment roll. The notice shall describe the work to be done by
owners, the time wiU,ir; '\;",ich !~;,c \":;'c~: ~.;hCll.l commence and the time within
which the work shall be c.Gmpleted. All. of any portion of said iflilh'o'h:ments
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.
III. PERFORI1ANCE OF THE HORK
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
l098PAGE2175
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 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 costs from Owner. Permission to enter onto the property of
Owner is granted to City or its contractor as TIlay be necessary to construct
such improvements.
IV. JOINT COOPERATIVE PLAN
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 district, 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 was mailed, request a review of the requirements by the City
Council. The decision of the Council shall be binding upon both City and
Owne r .
VI. MAINTENANCE OF IHPROVEMENTS
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 facilities,
access roads 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. 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.
VIII. 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 omission, including passive negligence
or act of negligence, 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 ylOrk 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.
L 098PllGE2176
This provision shall net 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 of its agents, servants or independent
contractors who are directly responsible to the City.
IN WITNESS WHEREOF, City has executed this agreement as of July 17, 1989
ATTEST:
CITY OF GILROY
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IN WITNESS WHEREOF Owner has executed this agreement as of
JUly 11, 1989
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COUNTRY ESTATES VENTURE
(This document to be acknowledged with signatures as they appear on deed of
title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this //4day of ~~ in
hundred and f? , ota Public, City Clerk, City 0
State of California, duly sworn personally appeared
known to me to be ...tfJ~ LMA described in and tnat
executed the within instrument on behalf therein named, and
acknowledged to me that executed the same.
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IN WITNESS WHEREOF I 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 California
per Civil Code Sec. 1181; Government Code Sec. 40814
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L 098PAGE2177
STATE OF CALIFORNIA
ss:
COUNTY OF SANTA CLARA
On this the 11th day of July, 1989, before me, the
undersigned Notary PUblic, personally appeared
RICHARD E. CLARK
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personally known to me to be the person who executed the within
instrument as President of Glenmoor Development Co., Inc., a
California Corporation, which corporation is a partner in Pyramid
Associates, a California General Partnership, which general
partnership is a partner in South County Venture, a California
General Partnership, which general partnership is a General
Partner is Country Estates Venture, a California General
Partnership, and acknowledged to me that the corporation executed
it.
WITNESS my hand and official seal.
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1- ~ OFFICIAL SEAL I
HELEN 1. DONOVAN :
-,,; NOTAlty PUIUC - CAUFORNIA I
= .,.., COUNT\' Of SANTA ClARA :
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i Comm. fJip. May J7, 1990 :I
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STATE OF CALlFOR~IA
COUNTY OF _~jNZ,j
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P.ubliC in and for saia State personally
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appeared I!.~.JLA~
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known to me to be the
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President, and
the within
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Secretary of
the within instrument and known
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known to me to be the
the corporation that executed
, t behalf of said corporation, said corporation bel
Instrumen on ;1~ ~~
known to me to be one of the partners of (J
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h' that executed the within instrument, and acknowl.
the partners Ip as such
d ed to me that such corporation executed tl,e same
;a;tner and that such partnership executed the same.
WITNESS my hand, ~'nd offid,l ,..1. ~
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Signature '.Ct-tt.' J
e,7J2 I~ JA t.. CHA- ve 'Z--
Name (Typed or Printed)
~. a'FICIAl SEAL
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NOTARY PU6L1C- CM.IFOONIA
'. " SA-NT A aARA COUNTY
MY CCJ1MISS/ON EXP. JUNE 2. t992
(This area for official notarial seal)
L 098PAGE.2178
STIPULATIONS TO DEFERRED AGREEMENT
TO CONSTRUCT IMPROVEMENTS
TRACT NO. 8136
As shown on the Final Map, Country Estates Tract 8136, Lots 124, 125,
and 126 are not a part of Phase One, 123 residential lots. The Conditions
of Approval provide that no building permits may be issued for said Lots
124, 125, and 126 prior to approval of a separate preliminary development
plan, final development plan, tentative and final subdivision map for said
lots 124, 125, and 126.
Improvements are necessary through these lots to properly serve the
approved 123 lots with secondary access, sewer, water and storm facilities.
Country Estates has requested assessments be applied to the unimproved lots
and agrees that the improvement and assessments directly benefit and improve
lots 124, 125, and 126 by providing future sewer capacity in the trunk sewer
main and future water capacity in the water distribution system and water
pumping facilities.
Neither the development of lots 1 through 123, the assessment district
improvements to lots 124, 125 and 126, nor this agreement create vested
rights to develop the unimproved area.
In consideration of the City entering into this agreement, Country
Estates agrees to perform certain obligations with respect to improving the
project site which the City contemplates will have an overall benefit on the
Gilroy area, including, but not limited to:
A. Payment of offsite sewer trunk main fees for a fair share of the
cost of sewer trunk main capacity between Santa Teresa Boulevard
and the Gilroy Treatment Facility.
B. Construct a second Zone II booster station. A second booster
station and connecting distribution mains will be constructed
concurrently with the improvement of any additional units on lots
124, 125, or 126. The developer acknowledges that funding for the
deferred booster pump station will not be available from the first
123 units or from any connections made by adjacent development
prior to the construction of of the second Zone II booster
Station. Station components will equal those for booster pump
station #1, except for minor hydraulic differences.
C. The proposed 248 lots will be burdened with a share of the Phase I
water system and sewer trunk main.
D. Concurrent with construction of any additional units, booster
station #4 Zone II shall be constructed and a secondary access to
Hecker Pass Highway through the development will be completed.
E. Country Estates shall provide bond to guarantee eventual removal of
the storm outfall detention pond.
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l098PAGE2179
F. The City agrees to reimburse the developer for sewer, storm and
water mains in accordance with Resolution No. 1580. Reimbursement
shall be made after the City collects the existing utility fee from
the fronting property owners. This stipulation shall expire
fifteen (15) years from the signing of this agreement. No
reimbursement will be made after that date.
Signed~L/~-
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Dated '\ ~ \ <.. ,- e, .<..
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(Corporatio~ as a Partner of a Partnership)
p~ GOLDEN STATE TITLE DIVISION
of COMMONWEAlTH lAND
TITU INSURANCE COMPANY
L 098PAGE2180
before me the undersi~ned, a Notary Public in and for
/)1 ;J1J3fe/ ct'j- ,known to me to be the
know", to me ,to De-,the-
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STATE OF CALIFORNIA
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COUNTY OF , ){)//ia r: /qrtt
On J'II (y I:).! 9 t~ " ' '
said State, personally appeared Il (;, P'-',... T
y/c f" Presi~nt,.-l ,
Sec~f (9 III tD-/ !Ih(~'" fl'eS' Z/ir ,
the corporation that execJred the within instrument and known
to me to be the person, who executed the within instrument on
behalf of said corporation, said corporation being known to me
to be one of the partners of r:; // r-L)'j rJl" f-.ffJf' f'c, ,
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!. OFFICIAL. SEAL i
! HELEN J. DONOVAN ..
i ~. NOTARY PU.LIC - CALIfORNIA I
I ," COUNTY Of SANTA CLARA !
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- COtlllfl. Elfp. May '7. '990 !
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the partnership that executed the within instrument, and acknow-
ledged to me that such corporation executed the same as such
partner and that such partnersh ip executed the same.
WITNESS my hand and official seal.
Signature
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(This area for official notarial seal)
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State of California
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County of Santa Clara
On this the 13th day of July, 1989, before me, the undersigned
Notary Public, personally appeared
RICHARD E. CLARK
personally known to me to be the person who executed the within
instrument as President of Glenmoor Development Co., Inc., a
California Corporation, which corporation is a partner in Pyramid
Associates, a California General Partnership, which general
partnership is a partner in South County Venture, a California
General Partnership, which general partnership is a General
Partner in Country Estates Venture, a California General
Partnership, and acknowledged to me that the corporation
executed it.
WITNESS my hand and official seal.
................................................I..IIII..!
! OFFICIAL SEAL i
ii. HELEN J. DONOVAN ii
I lib NOTARY PUBLIC - CALIfORNIA i
I ','''. COUNTY Of SANTA CLARA =
Comm. Exp. May '7, 1990 !
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