Construct Land Development Improvements - Dowell, James
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~~ FEE per CG Sec. 6103
Supplemental Deferred Development Agreement
Fl D FOR HO
AT FEQUEST OF
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CITY OF GILROY
7390 Rosanna Street, P. n. Rox 6f
Gilroy, California E 861 P!3E330
95020
C,FF.'lCl i\L. !,E
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.n.GREEf1PJT [w miNER OR HIS SUCCESSORS IN INTEREST TO
cmlSTRUCT LAND DEVELOPtlPH H~PR(lVEr1P~TS
NO FEE
Project Identification: Parcel 2 of 790-07-009 (New #790-07-010)
This is an aqreement between the CITY OF GILROY, hereinafter
rr.fc:rre.J. to l'S IICity", anri
James Dowell
herei nafter referred to as "~""'r>rll.
!fHEREAS, Ot'lner 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 provid~d.
rIO'l, THEREFORE, IT I S AGREED:
1. AGREH1ENT SrlDP1G Oil SUCCESSORS PI INTEREST
This agreement, toqether with thA attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
h~rein 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 .t\. the terms of this agreement shall
apply separately to each parcel and the O\'mer of each parcel shall
succeed to the ob1 i~ations imposed on Ol'mer by this agreement.
11. STREET AND DR.t\Hlt\GE U1PROVF.J1HITS
A. City and Owner aqree that the improvements set forth in
this section may be deferred becausp.:
This agreement is to supplement the previous agreement
with Mr. James Dowell filed on May 5,1978 for this property in
Book 689 of Deeds on Pages 129 thru 132.
A further condition establishing special restrictive
building setback lines for this parcel is hereby added. These
setbackslines are to remain in effect until All the public improve-
ments, i nc 1 ud i ng city s tanda rd fire hyd rants have been ins ta 11 ed.
After said improvements have been formally accepted by the city,
city standard setback lines shall apply thereafter,no above ground
structures are to be built or placed within these setback limits
so long as they apply.
(I) No closer than 35 feet to the Northerly property line.
(2) No closer than 40 feet to the Northerly property line.
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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 Department of Public '.forks as
generally described below. (Cross out improvements that are not
requ ired. )
I. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading. base and paving
5. Storm drainage facilities
6. Erosion controT plantinos and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other improvements needed for traffic safety
to. Street trees and other improvements between the curh and
property line.
II. Street signs
12. Relocation of existinq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public Horks of a storm drainaqe 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 Wocks determines that the reasons for
the deferment of the improvements as set forth in section II no tonger exist.
he shall notify Owner in writing to commence their instatlation and construction.
The notice shall be maited to the current owner or owners of the tand as shown
on the latest adooted county assessment rol,. 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. ATt 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 be made.
III. PERFORMAtlCE 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 competent persons
legally quatified to do the work and to submit said improvement pians and
specifications for anproval 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 ptans 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 agreem~nt. City may, at its option,
do the work and collect atl 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
Owner agrees to cooperate upon notice by City with other ~rcperty 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 CouncTl.
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 riqhts of way or easements dedicated
and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facTlities, ascess
road or other required improvements, to assume responsibility for the proper
functioning thereoft to submit plans to the appropriate City agency for review.
if required. and to maintain said improvements and faciTities in a manner which
will preclude any hazard to tife or health or damaoe to adjoining prooerty.
VII. BO~IDS
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 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. INDEMN ITV
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. includinq passive neqtiqence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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contractors. or anyone dTrectly 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 provisTon shall
not be deemed to require the Owner to Indemnify the City against the liability
for d~mage arising from the sole negligence or willful misconduct of the City
or it~ agents, servants or independent contractors who are directly responsible
to the City.
IN WITNESS WHEREOF, City has executed this agreement as of
September 17, 1979
CITY OF GILROY
; ATTEST:
)t~~~.yI~
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IN WITNESS WHEREOF, Owner has executed this agreement as of 21st
September 1979
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V
(This doawnent to be acknOlJJledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 21st day of September In the year one thousand
nine hundred and seventy-nine , before me, Susanne E.
Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared James Dowell
known to me to be the person descrTbed in and that he
executed the within instrument on his behalf therein named, and acknow-
ledged to me that he executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of GTlroy in the County of Santa Clara the day and year In
this certificate first above written.
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