Construct Land Development Improvements - Diehr, James A. (2)
NO FEE GC 6103
4.<...3
:E 427f'!bf 168
6346762
FiLEO FOR REOOFW
AT REQUEST OF
7390 Rosanna Street,
Gilroy, California
95020 .
OFFICIAL RECORDS
SA~HA CLARA COUNTy
GEORGf A MANN .
AGREH1ENT BY mINER OR HIS SUCCESSORS IN INTEREST MGISfR!\R RE.OORDER
tOtlSTRUCT LAND DEVELOP~lENT H1PROVH1PlTS
P. 0. Rox 66 '})~.
~ ':":;C_;-; l\TTORNEY
APR I a 2 45 NI t 7 9
CITY OF GILROY
E 427p~GE 168
Project Identification: Assessor's Parcel #841-1-63
This is an agreement between the CITY OF GILROY, hereinafter
referre.'l. to ~s "City", anti
JAMES A. DIEHR
herei nafter referred to as 1!'"\""'1~r".
HHEREAS, Ot-mer 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.
NOlI, THEREFORE, IT I S AGREED:
1. AGREEr1ENT BHlDING Oil SUCCESSORS HI INTEREST
This agreement, together with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described 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 o~mer of each parcp.l shall
succeed to the obligations imposed on Ol'mer by this agreement.
11 . STREET AND DRAIrlAGE mPROVEr1HlTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
1. Improvements are inappropriate at this time.
2. Owner agrees to install all street improvements required
within one year of the installation of such improvements
by the property owner north of this property.
E 4~7;'~GE 169
. B. Owner agrees to construct the fo11~~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 Oepartment of Public Horks as
generally described helow. (Cross out improvements that are not
requ I red. )
1. Curb and gutter
2 . S i dewa t ks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
h. Erosion control plantinas and facilities
7. Electrol iers
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 curh and
property line.
11. Street signs
12. Retocation of existinq fences, si~ns and utitities
t3. Payment of a pro rata share of the costs as determined hy the
Department of Public \;Jorks of a storm drainage or street improvement;;
which has been, or is to be, provided by nwner 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 Wo~ks 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 ovmers, the time within which the worl<. 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. Ear.h owner shall participate on
a pro rata basis in the cost of the imorovements to be installed. If Owner is
obligated to pay a pro rata share of a cost of a facility provided by others, the
notice shalt include the amount to be paid and the time when payment must be made.
III. PERFORMAtICE 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 sp~cifications for the improvements to be prepared hy competent persons
legally qualified to do the work and to submit said imorovement plans and
specifications for anproval 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 improv~ment plans are submitted for
approval. Owner aqrees to commence and complete the work within the time
s~ecified 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 agreem0nt, City may, at its option,
do the work and collect all the costs from Owner. Permission 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 4Z7i)~b:170
Owner agrees to cooperate upon notice by City with other ~rcperty cwners,
the City and other pubtic 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 instaltation 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 decision of the Council shall be binding upon both City and Owner.
V!. HA I NTENA.NCE OF I ~1PROVEMENTS
City agrees to accept for maintenance those improvements specified in
Sectio~ II which are constructed and compteted 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 tife or health or damaoe to adjoininq prooerty.
" II. BO~lDS
Prior to approval of improvement plans hy the City. Owner may be required
to ~xecute and deliver to the City a faithful performance bond and ~ labor and
materials bond in an amount and form acceptable to City to be rfleas8d '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.
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 ar.d 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, includinq passive neo.ligence or ~ct of
negligence. or both, of the Owner, his employees, agents, contractors. sub-
-3-
. .
E 427f:t~ 171
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 requTre 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 lMEREOF, City has executed this agreement as of
March 19. 1979
ATTEST: CITY OF GILROY
-A~......J (;, ~j:
~ic erk
~r%,,~
Mayor
APPROVED AS TO FORM
L
CTty
IN WITNESS WHEREOF. Owner has executed this agreement as of February 23, 1979
(This document to be ack~ledged with signatures as they appear on deed of title)
(Individual)
9
/ STATE OF CALIFORNIA
;, COUNTY OF Santa Clara
tOn February 23, 1979
State. personally appeared
E 427~17Z
} SS.
ld
III
II:
III
2:
III
.J
~ to be the person whose name i s
~ lubllCribed
J- ~~e~~~edi:~ein instrument and acknowledged that he
same.
/WITNESS my hand and official seal.
i 0 I'
r Signature :/ l' ''J L t:. c (J' _ > / //:?};'-R ./
I Janice Stone
Name (Typed or Printed)
per Civi 1 Code :>ec. 11\.'1, "''''0_. .-...-.
before me, the W1denipecl, a No Pub"
.Tames A. Diehr tary lie ID aDd for &aid
te of
now-
.
. Imo.. to me
IIIOO':}lCQCCJOOUOrCOOCO~~
{;:".,?:.:':~., JANICE STONE
'f' \ ."'v
I. ~~.'<;.'~.;~;;'~~'.~:'" ~ot~ry !utlic . C~lifornia
\\;).;f;, . ~cn.a [,13ra Coun.y. CA
~(,
My commission expires November 17. 1980
. ~.r..r../.'f".;r......c;oo;e'~~~~...o
al
In
-4-