Construct Land Development Improvements - Foremost Gentry Corporation
Cny OF GILROY
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7390 Ros~nna Street~ P. 0. Rox 66
Gilroy, California
95020
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AGREEr1nn BY ot.JNER OR HIS SUCCESSORS IN INTEREST TO
CDrlSTRUCT LAND DE\fELOPr1PJT mPR()VEr1E~ns
Project Identification: Foremost Gentry Corporation
This is an aqreement between the CITY OF GILROY, hereinafter
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referre.'l. to ~s IICityll, an"l
Foremost Gpntry rnrpgr~tie"
Assessor's Parcel #841-1]-04
hereinafter referred to as "'~I""l?rll.
HHEREAS, at-mer des i res to subd i vi de or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and Ci ty agrees to such deferment provi ded Olfffier agrees
to construct improvements as herein provided.
rIO'!, THEREFORE, IT IS I"GREED:
1. AGREEriENT BrlDP1G on SUCCESSORS Pl INTEREST
This agreement, toqether with th~ attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants anrl conditions
herein 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 A. the terms of this agreement shall
apply separately to each parcel and the o~mer of each parcel shall
succeed to the 01:11 iqations imposed on (\mer by this agreement.
11. STREET AND DRAInAGE H1PROVH1ENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
Complete improvements are inappropriate at this time.
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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 Horks as
generally described be low. (Cross out improvements that are not
requ ired. )
I. Curb and gutter
2. S : d"n~ 1~::t '
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7. Electroliers
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.
II. Street signs
12. Relocation of existinq fences, signs and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvement~
which has been, or is to be, provided by Owner 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 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 oarticipate 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 olans
and specifications for the improvements to be prepared by competent persons
leg~lly 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 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 agreement, City may, at its option,
do the work and collect afl 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 oth~r ~rcperty cwners,
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 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.
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 riohts 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 adjoining prooerty.
"I I. BO~IOS
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. lNDEMNITY
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, including passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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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 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 agents, servants or independent contractors who are directly responsible
to the City.
IN WITNESS WHEREOF, City has executed this agreement as of
December 3, 1979
ATTEST:
CITY OF GilROY
APPROVED AS TO FORM
this agreement as of
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(This doaument to be acknOl.Uledged liJith signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
hi ~ IsJ-- r:- D I h h d
On t s ~ ~ ~ r- n t e year one t ousan
nine hundred and _ , before me,
, a t< tary Public, a'~..JflJlil.1L.'(, 6'N, if tH ~~ State of
California, duly sworn, personally appeared A/lJfU{} bE'l- ..{'oLAR.
known to me to be / described in and that
executed the within instrument on behalf therein named, and acknow-
ledged to me that executed the same.
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~~:. ecr~ifie"~:fI;;; 'Be"" ;;;I.....n. ~ =~
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rilly elc,~, eit~ of 6il107, State of
pel Civil Code Sec. 1181, &o~~rnm~"t
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