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Construct Land Development Improvements - Granite Construction /' NO FEE per GC Sec. 6103 F 937 ~~':: 260 6994523 . CITY OF GILROY r 't~:l~ i\EC.1~ES i olMllhflJ". 73QO Rosanna Street, P. O. Aox 66 ~~I~~"- (1 Gll~~02galifOrnia H':',R- 3d3 441\NtBI F 931 ;w;: 260 r~" '(\~ f;l)i:T:S . i.......... ,,..~,'),.-:-'-_-'.it_f~'q_r_ UJ....L).~ AGREH1fNT BY OlltlER OR HIS SUCCESSORS IN 1~;~6Sf l!f&/ ~'. ~'o'" ... ~ COnSTRUCT LAND OEVElOPf1HIT H1PROV,n1HITiSEG1Sl ,0.1,:/. t :...'>.J',hUt.R Project Identification: ]21 Renz ~ane. Assessorl~ Parcel #841-/0-019 0{t Thi$ i$ an aqreen~nt between the CITY OF GILROY, hereinafter, referrej. to ctS IICi ty" t anti ~raDit~ ConstructiQo ComDanx hereinafter referred to as '1 "\'''!'lP'fll . \/t1EREAS. O\'Jner desires to subdivide or develop the property d~scribed in Exhibit ^ and wishes to defer construction of penmanent improvements and City ~qrees to such deferment provided Owner agrees to con$truct 1mprOVimlents a~ herein provided. flOUt T1IEREFORE. IT IS AGREED: 1. . AGRfE:tlENT BIfJr)P1G 011 SUCCESSORS HI INTEREST .& ... . Thi$ agreement. toqether with the attached stipulations. i5 an instrument affect1nq the title or p05se$s1on ot the real property . described in Exhibit A. All the tenms. convenants and conditions hp.rein imposed shall be binding uijOn end inure to the benefit of the successors in inter~5t of ~mer. Upon tho sale or division of the property descr1red in Exhibit A. the tenms of this Agreement shall apply ~eporately to p.ach pdrcel and the o~mer of eech parcp.l ~hall succeed to the ob1194t1ons 1""osed on O"/rwr by thh agreement. 1,. STREET Arm ORAWAGE If.fPROVfHEHTS r "IlCl Tl I' ~ A. City and Owner aqree that the improvements let forth in this 56ct1on rtWly be deferred because: The~e improvements are inappropriate at this time. 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 aqreement: Improvements required by. the City Department of PublIc I/orks as generally described balm... (Cross out improvements that .:Ire not requ I red. ) II. 42. 13. 14. 15. 16. 1. 2. 3. 4. 5. r... 7. 8. (L 10. Curb and nutter 61 Slclc\ialks F 937 i'~~:2 Driveways Street gradlnQ. base and paving Storm draInage facilities Erosion control plantlnQs and facilities Electrollers Underground conduit with wirln~ and pull boxes Barricades and other improvements'needed for traffic safety Street trees and other improvements betw~en the curb and property line. Str8lilt Ii Igni. Rlillg~4tlon of exl6tinq feAcei. il~n' ~nd wtllltl., Payment of a pro rata share of the costs as determIned hy the Department of Public \/orks of a storm dralnaqe or street ImprovemenL whIch has been, or Is to be, provided by Owner and others where such facility benefits th~ property described In ExhibIt A EngineerIng and Inspection and plan ch~ck fees Sinltary iew~qe facilIties Wat8r li'/H~m 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 lonqer exist. he shall'notlfy Owner In writing to commence their Installation and construction. The notice shat I he mal led to the current owner or owners of the land as shown on the latest adooted county assessment rol,. The notice shatl 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 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 shal I Include the amount to be paid and the time when payment must he made. III. PfRFORMA'ICE 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 Councl I. Owner shalt cause Dldns and specifIcations for the Improvements to b~ rr~pared hy competent persons legally qualified to do the work and to submit said Imorovement plans and specifications for aoproval 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 Imp,.ov~ment nlans are submitted for approval. Owner aqrpcs to commence and cOf'lplete the work within the time specified in the notice given by th~ Director of Puhllc \~rks and to notIfy the City at least 48 hours prior to start of work. In the event Owner falls to construct any improven~nts r~Quired under this agreem~nt. City may. at Its option. do the work and collect all thf' costs from Owner. PermissIon to enter onto the -~- property of Owner Is granted to City or Its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN F 937 p~~: 262 Owner agrees to cooperate upon notice by City with oth~r ~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 Tmprovement district, If this method Is feasible to secure the Installation and construction of the Improvements. V. REVIEW OF REQUIREMENTS If Owner dlsaqrees with the requirements set forth In any notice to commence Installation of Improvements he shal', within 30 days of the date the not i ce was nNl I led. reques t a rev i ew of ,the requ I remen t5 by the City Counc I I . The decision of the Council shall be binding upon both City and Owner. VI. MAINTENANCE OF IMPROVEMWTS City agrees to accept for maintenance those Tmprovements specified In Section I I which are constructed and completed in accordance with City standards and requirements and are Instalted within rlqhts of way or easements dedicated and accepted by resolution of the City Council. Owner agroes to provide any neces,ary temporary drainage facilities, ascess road or other required Improvements. to assume responsibility for the proper functlonln9 thereof, to submit plans to the appropriate City aqency for review, if required. and to maintain said Improvements and facilities In a Illanner which wl11 preclude any hazard to lIfe or health or damafle to adJolnlnq pl"Operty. \III. BONDS Prior to approval of Improvement plans hy the City. Owner may be required to e)(ecute and dellver to the City a faithful performance bond and it labor and mater I a 1 s bond I n an amount and form acceptab Ie to City to be "lea~ed 'hy th~ City Council in whole or In part upon completion of the work required and payment of at I persons furnishing labor and materIals in the performance of the work. VIII. INSURMICE Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, ~t all times during the performance of the work called for herein, a separate policy of Insurance In a form and amount acceptable.to City. I X. INDEMN ITY 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 onlsslon, includinq passive neqllgence or act of negligence. or both, of the Owner, his emptoyee$. agents, contractors, sub- -3- .t F 937 ~~~: 263 contractors, or anyone dlrectlY,or Indlr~ctly 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 Februa ry 17, 1981 ATTEST: CITY OF GILROY APPROVEO AS TO' FO~/) (j V24k Illl C ty Attorney IN WITNESS WHEREOF, Owner has executed this agreement as of A~b~ ~~l'!'~ '. ; February 6, 1981 GRANITE CONSTRUCTION COHPANY By: ){\. !".\ .~ Mike NcE 1 roy . .. Vice President ", "'; '\.1:: , .., ~!, ;,... "; - ,. ." .-,'..""'..' .." J~ ~ ,)00' : \, '-. .,( 'e' /: I ~tate of ClkIifornia COUNTY OF SANTA CRUZ I ss. F 937 P~2: 264 0Jrn tqi5 6 t h day of February A.D., 19~, before me, Fern Stroh a Notary Public in and for the said County and State, personally appeared MIKE McELROY , known to me to be the Vice President GRANITE CONSTRUCTION COMPANY of the the Corporation that executed the with' I lr executed the within instrument on lb hnif ument, known to me to be the person who acknowledged to me that such Corporati~ a of thde theCorporation therein named and on execute same ' OFFICIAL SEAL ne55, ;Bfq.ereof, I have hereunto set my hand and . l' , , FE~N STROH day an year In this certificate first above written. affred my offiCial seal the NOTARY PUBLlC-CALlFORNiA_0 B' Princioal Office in SANTA CRUZ County 0. !- . i My CommiSSIOn Expires April 29. 1983 ,..(.t /t'- ~ ~ .-""...."". 'O'''<}~' ..,....~",..___.r~... Nbtary Public in and for said County and State My Commission Expires April 29, 1983 City Clerk, City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 40814. -4- .. ~ ;;..: Ronon ------ / / / // /'// / // F 937 ~~~: 265 // / ./ / // 3B6/14 .' ~-"' \ \",~rl~ \\ \\ '\'e.0-'t'<\ \ '~\\ \ \\ 1 ! ! 285/45 "- '~ " ~ I ~" ~ 30c' 1 ~ Ijj " EXHIBIT A " 72] Renz Lane - Gran'lte C onstruction Co. No. 8]-2 f;t