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Construct Land Development Improvements - Diehr, James A. 223 E 427f'!GE 173 7390 Rosanna Street, P. n. Gilroy, California 95020 E 427r.!r;f 173 Aox 66 D~' 6346763 fiLED fOR RECORD AT REQUEST OF CITY OF GILROY , ,,' -~\I I,; ... .\. ,.^~,~ot< .' i' ....Tl)~i\:"'\I\!;- I L,! .,::11 IH\..II t--\ I ,.~ ArR I B 2 45 PM '79 AGREEf.1ENT BY OtJNER OR HIS SUCCESSORS IN INTEREST TO COnSTRUCT LAND DEVELOPt1ENT H1PROVEr-1ErnS OFFICIAL RECORDS SANTA CLARA COUNTY GEORGE l. !\.tANN REGISTRAR RECORDER' Project Identification: Assessor's Parcel #841-1-63 This is an agreement between the CITY OF GILROY, hereinafter referreCl'. to ~s IICityll, anr1 JM1ES A. DI EHR hereinafter referred to as 1!"""'1~rll. HUEREAS, O\'Jner desires to subdivide or develop the property described in Exhibit ^ and wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOH, THEREFORE, IT IS AGREED: 1. AGREErlENT BIflOING or! SUCCESSORS HI INTEREST This agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. Ail the terms, convenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of ~mer. 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 o~mer of each parcpl shall succeed to the ob 1 i gati ons ilf4)osed on 01.mer by thi 5 agreement. 11. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner a~ree that the improvements set forth in this section may be deferred becausp: 1. Improvements are inappropriate at this time. 2. Owner agreees to install all street improvements required within one year of the installation of such improvements by the property owner north of this property. ( E 427\)~G: 174 B. Owner agrees to construct the following 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 Oepartment of Public Uorks as generally described be1m-J' (Cross out improverJents that Jre not requ I red. ) 1. Curb and gutter 2 . 5 i dewa 1 ks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities 6. Erosion control pTantinQs and facilities 7. Electrol iers 8. Underground conduit with wiring and pull boxes 9. Barricades and other imorovements needed for traffic safety 10. Street trees and other i~provements between the curh and property line. 11. Street signs 12. Retocation of existinq fences, sj~ns and utilities 13. Payment of a pro rata share of the costs as determined by the Department of Public \Jorks of a storm drainage or street improvement:; which has been, or is to be, provided by 0wner 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 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 tand 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 ti~e. Each owner shall participate on a pro rata basis in the cost of the imorovements to be instatled. 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. PERFORMAtICE OF THE \>IORK 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 shatt cause plans and specifications for the improvements to be prepared by competent persons legally quatified 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 shalT be done in accordance with city standards In effect at the time improvement plans are submitted for approval. Owner aqrees 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 agreem~nt, City may, at its option, do the work and collect atl the costs from Owner. PerNission to enter onto the -2- property of Owner is granted to City or its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN E 4Z7?'!&E 1.75 Owner agrees to cooperate upon notice by City with other rrcperty 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 district, if this method is feasible to secure the installation and construction of the improvements. V. REVIEW OF REQUIREMENTS If Owner disaqrees 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 decTsion of the Council shall be binding upon both City and Owner. V I . HA I NTENANCE OF I HPROVEMENTS City agrees to accept for maintenance those improvements specified in Section I I which are constructed and comoteted in accordance with City standards and requirements and are installed within riqhts 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 damaoe to adjoininq property. "II. BO~IDS Prior to approvat of improvement plans hy 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 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. INDEMNITV 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 !Iincludlng death" to persons or damage to property suffered through any act or onission, including passive neo,ligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub- -3- " E 427p~Gt 176 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 provTsion shall not be deemed to require the Owner to indemnTfy 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 \mEREOF, City has executed this agreement as of March 19, 1979 ATTEST: (. ,01 APPROVED AS TO FORM CITY OF GILROY IN \-/ITNESS Owner has executed this agreement as of Februarv 23. 1979 (In~vidual) sf TE OF CALIFORNIA COUNTY OF Santa Clara tOn Februarv 23, 1979 State. personally appeared } 55. E 427p!GE 177 before me, the lUIden' --' J ame sAD' hllD-.. Notary Public ia Uld · . le r .or laid III a: III :r III oJ ~ to be the person whose name i S · to the within instrument and a kId ed ~ executed the Bame. c now e g that I WITNESS my hand and official seal. / , ! &",I~ : jd:::~:-s:~~' j Name (Typed or Printed) lubllCl'ihed he d of title} ~ , . UoWll to .. '''~~X~.j .,' ,':"''''~, -'~~..-.......-__ . _ ,.._..__......,..,.-.r~~~ fl'(~.-~;;.:~\ .~..;...." '11..."~,~,,' I :~"'n.,-f:';~,.l,""':1 \\t:-!.'."'."j;i ~.;';~~ usand JANICE STONE NiJ~ary Put!ic . California S"n~a Clara County, CA State of lO'"':r~:~m~!:~io.,n,ex!,~~es N~vcmber 17. 1980 ''''''~-~'---'~J3...;x;.'"v'v~':':~'Cf"~~J:1~ce:Jj chat acknow- ledged to me that IN WITNESS WHEREOF I have hereunto set my hand and affTxed the orflcial seal of the City of Gilroy in t~e County of Santa Clara the day and year in this certificate first above wrItten. City Clerk, City of Gilroy, State of CalTfornia per Civil Code Sec. 1181; Government Code Sec. 40814. -4-