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Construct Land Development Improvements - Gilroy Weighing and Receiving ~O fEE per GOVERNMENT CODE SEC. 6103 ([iV 61~750.12 fN. 6175042 r /~) CITY OF GILROY , --~..- 7390 Rosanna Street, Gilroy, California 95020 E 037i)~GE 564 FILED - AT P7~.19 E 03;"I)~GE 564 P. n. Rox 66 i 10 r'rl '78 !)\\ I AGREEf1ENT BY mINER OR HIS SUCCESSORS IN INTEREST TO CmJSTRUCT LAND DEVElOPtlPlT mPRnVP1EtlTS OFFICIA:'" RCCORDS] st,N"T'A C'_ARJ\ COUNTYi GEOHGE. A !A,I\NN ,-, REGlf,TRAR r~EOOR-OERj Project Identification: This is an aqreement between the CITY OF GILROY, hereinafter f ':tot 1Ir.'t II 1 re erre ,,0 "5 ,1 y, anr,ilroy Wpighing ~nil Rprpi"ing> Tnc. by D:nriil T. Ditto. President herei nafter referred to as I!')""~~rll. UHEREAS, O\'1ner 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. nOl!, THERE FORE, IT IS t\GREEO: 1. AGREEr1ENT Bl'lDING on SUCCESSORS PI INTEREST This agreement, toqether 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 he binding upon and inure to the benefit of the successors in i nteres t of O\'Jner. Upon the sale or di vi s i on 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 obl i9ations imposed on 01-mer by this agreement. 11 . STREET AND OR.A. I rlAGE H1PROVH1H!TS A. City and Owner a~ree that the improvements set forth in this section may be deferred because: 1. Improvements are inappropriate at this time " E O~17;)~r,E 565 B. Owner agrees to construct the follrn~inq imorovements on the property described in Exhibit A as welt as required off site improvements in the manner set forth in this agreement: Improvements required by. the City Department of Public \forks as generally described helm..,. (Cross out irnproverlcnts that iJre not requ I red. ) I. Curb and gutter 2. Sidewalks 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 puTl boxes 9. Barricades and other imorovements needed for traffic safety 10. Street trees and other improvements between the curb and property line. 11. Street signs 12. Relocation of exlstinq fences, si~ns and utilities t3. Payment of a pro rata share of the costs as determined hy the Department of Public \lorks of a storm drainaqe 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 t6. 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 Tonqer 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 Tatest 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. Atl or 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 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 shall include the amount to be paid and the time when payment must he 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 Councit. Owner shall cause plans and specifications for the improvements to be prp.pared by competent persons legally qualified to do the work and to submit said improvement plans 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 plans are submitted for approval. Owner aqrces 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 the costs from Owner. Permission to enter onto the -2- property of Owner is granted to City or Tts contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN E 0371'!GE 565 Owner agrees to cooperate upon notice by City with other ~rcpcrty Gwners, 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 instatlation and construction of the improvements. V. REVIEW OF REQUIREMENTS If Owner disa9rees with the requirements set forth in any notice to commence installation of improvements he sha", 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 I! which are constructed and completed in accordance with City standards and requirements and are instatled within rlQhts 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 aqency 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 prooerty. 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 ~ 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. 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 !Iincluding death'l 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 03;7:1~Gt 567 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 facillties, the performance or non-performance of the work. This provisTon shall not be deemed to require the Owner to indemnify the City against the lTabillty 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 July 5, 1978 ATTEST: C ITY OF GILROY Jtffr~b~ ; ;l<<fc City Attorney IN WITNESS WHEREOF, Owner has executed thIs agreement as of June 22, 1978 ~, ../ , i~7 ,,".-f" .~. ~ /)' l;l~,:, ~;::-, . /' I I~ ' t-. ''l:7:CcL~'~. ?--J/-rc, --r--ct /('_-c:./"', Mayor APPROVED AS TO FORM ,44'<.-0 ~ ~ir,c- (This document to be acknou>ledged U1ith signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) .'1....1 \ On th I s v~ <.... day of \.. _ (;!\i ~. I n the yea r one thousand nine hundred and ~J.)J...(;'Vc1...II:/~t~ kxf , before me, -J G It'i.l.....: 65'1 lIt r+ 'i r' l- ( i). a N~tary P b 11 e. C i"t'f~~~~.-ct<<y:\ G',i: my. State of Call ornla, duly swo~n~1 personally appeared i~:_l::J \~ L j i -,:-::Q . known to me to be ,. t\..~ f~(':\ (i'\. descrTbed in and that lrU executed the within Tnstrument on behalf therein named, and acknow- ledged to me that executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed the offTcial seal of the City of Gilroy in the County of Santa Clara the day and year in this certificate first above written. City Cler , City of Gilr y, State of California p...erC.I.V. ~l,e'<j)de s~e... 1.1.'B; Go .v~rome t. Code See, 40814. >. ,,' " ~~::~.tI/ :ijf:(',f:. Ita' i ~{!:.~~ ',."',o"':'":'"C''' >. ",v.ov "..d".....~~~.~~....~'" ~ ~ [ * ~ +<~;S;::;~t~\ IC>; .i..., '-:.'['//~..' =~ ~ -4- .,~ ~ :~??<..: '..<ACt'" ,,,I ~ ~~ ~. ~ . l 'L-~,..........._.,.."...~",~_... ......."'" '__ 'J.....-_.-.......,.-.,'."V', ~...""'.i..._-...~....... l --~ Ln. 69/17 A \\ \ \ , -0 \"l:> J.:-----('"f- \-:;0. 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