Construct Land Development Improvements - Harrison, Thomas E. and Eva E.
-
I
7351 Rosanna Street
Gilroy. California 95020
H176p~GE622
NO FEE per GC Sec. 6103
'f'
CITY Of GILROY
hereinafter referred to as "Owner".
~~~-
~-uetGl
c:::J~ -r'\
~ ........;::
-' --if\"\
--, ::0'0
if1"'"'f\
. 00
LO c ;tJ
f\ rfl-,x,:
~i~i ~~ ct~;i
DEe 1 19B1. ~;!'-- (j) ,::0.-
rn r--) __
::0
WHt:REAS. Owner of the property described in Exhibit A, wishes to defer a
construction of permanent improvements and City agrees to such deferment '<
provided Owner (or Successor in interest) agrees to construct improvclllentt:l
aa herein provided.
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND or:VELOPHENT 1MPROVEHENTS 82-29
Project Identification:
~ .,.",
.' ." 'i.j ~
; c". ~,:;::;~
;,' ;,. ,,-,\ '''''I
This is an agreement between the City of GllroYt hereinaftijc :0
referred to as "City" t and Thomas E. and Eva E. Harrison ?;:~::;,~
Assesso~'s Parcel No. 783-21-008
NOW, THEREFOREt IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEKEST
This agreementt together with the attached stipulationst is an instrument
affecting the title or pOtiSel:Hlion of the real property deticribed in Exhibit A.
All the terms t convenants and conditions herein imp06ed 6hall be binding upon
and inurt~ to the benefit of the tiUCCe6Sors in interest of Owner. Upon the 6ale
or division of the property de8cribed in Exhibit A, the terms of this agreement
shall apply separately to each parcel and the owner of each parcel shall succeed
to the obligationa imposed on Owner by this agreement.
I I. STREET AND DRAINAG~: IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because: 'lhese irrproverrents and fees are inappropriate at this
tiIre .
B. Owner agrees to construct the following improvements on or adjacent to
the property deticribed on Exhibit A as well as rel.}uired off site improvements
in the manner set forth in this agreement:
Improvements required by the City Department of Public Workt:l as generally
described below. (Cro8s out improvements that are not required.)
1. Curb and b~tter.
2. Sidewalkl::l.
3. Dri veways.
4. Street grading, baBe and paving.
5. Storm drainage faciLities.
6. Erol::lion control plantings and facilities.
7. Electroliers.
8. Underground conduit with wiring and pull boxes.
9. liarr1cadel::l and other improvementti needed for triiffic tiafety.
LO. Street tree8 and other improvements between the curb and property
line.
11. Street signs.
12. Relocation of existing fences, signs and utilities.
13. Payment of Ii pro rata share of the COtitti as determined by the
Department of Public Works of a storm drat"npge 0[- street improvements
which has beent or is to be, provided by Owner and others where 8uch
facility benefit!> the, property described in Exhibit A.
NOT~: {<'eel::l are payable at the rate in effect at t ilUe of payult!nt.
14. Engineering and inspection and plan check fees.
15. Sanitary sewage facilities.
16. Water ~Y8tem.
-1-
"
H176 r,~GE 623
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements al:l set forth in section 11 no longer
ex1at, he shall notify O\iiner in writing to commence their intltal1ation tind
construct10n. The notice shall be mailed to the current owner or owners of the
land as shown on the latest adopted county assessment roll. The notice shall
deacribe the work to be done by owners t the time within which the work t:lhal1 commence
and the time within which the work shall be completed. All of any portion of said
improvements 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 rate share of a cost of a facility provided by others,
the notice ahall include the amount to be paid and the tilllt! when payment IIJJSt be made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make the payroentt:l required by Ci ty
as set forth herein or as IIlOdified by the City Council. Owner ahall cause plans
and specif1cationa for the improvements to he prepared by competent perl:lons
legally qualified to do the work and to submit said improvement plans and
8pecifications for approval prior to conunencement 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 tilDe improvement plans are t:lubmltted for
approval. Owner agrees to commence and complete the work within the time
lipecified in the notice given by the Director of Public WOl-ks 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 agreel~ntt City waYt at its
opt!on do the work and collect all costs from Owner. Permission to enter onto
the property of Owner 1s granted to City or its contractor as lIIay be necessary
to con8truct auch improvelnents.
IV JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other property ownerst the
City and other public agencies to provide the Improvementl:l set forth herein under a
joint cooperative plan including the format ion of a local improvement dis t rict t if this
~c:hod is feasible to secure the installation and construction of the improvements.
V REVIEW OF REQUIRI':MENTS
If Owner disagrees with the requirements set forth in any notice to commence
lnstallat!on of improvements he shal1t within 30 days of the date the notice was mailed,
requelit a review of the requirements by the City Council. The decision of the Counei 1
shall be binding upon both City and Owner.
VI MAINTENANCg OF IMPROVEMENTS
0,
f
City agrees to accept for maintenance those improvements specified in Section II
which are constructed and completed in accordance with City standardti and requirements
and are inlitalled within rights of way or easements dedicated and accepted by resolution
of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, access roads
or other required improvementst to assume responsibility for the proper functioning
thereof t to liubmit plans to the appropriate City agency for reviewt if requiredt and to
maintain said improvements and facilitieti in a manner which will preclude any hazard to
life or health or damage to adjoining property.
VII BONDS
Prior to approval of improvement plans by the Ci ty, Owne r may be requi red to
execute and deliver to the City a faithful performance bond and a labor and materials
bond in an amount and form acceptable to City to be released by the City Council in
whole or in part_upon completion of the work required and payment of all pertions
furnishing labor and materials in the performance of the work.
VIU
INSURANCE
Owner lihall maintaint or 6hal1 require any contractor en~aged to perform the work
to maintaint at all times during the performance of the wor.k called for herelnt a
aeparate 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 t its
officerli t agentli and employees, from every expense t liability or payment by reason of
injury "including death- to persons or dal~ge to property suffered through any act or
-- -.-
H1.76 ?!GE624
om.1ssiont including passive negligence or act of negligence, or both, of the Ownert his
elDploye~a. agents. contrCictors, sub-contractortl. or anyone directly or l.ndin~ct1y
elllployed by either of thelllt or aril:ling in any way frolD th~ work called for by thiti
agreellltlnt. on any part of the premil:le8. including thotie matterl:l aritiing out of the
deferment of permanent drainage facilities or the adequacy t l:Iafety t Ul>e or non-us~ of
tt#UlpOrary drainage facilitietit the performance or non-performance of the work.
This provitiion shall not be deemed to require the Owner to Indemnify the City
against the liability for damage aritilng from the t>ole negligence or willful miticonduct
of the City or its agentst servants or independent contractors who are directly
responsible to the City.
IN WITNESS WHE~OF t City has executed this agreement as of
November 15, 1982
ATTEST;
CITY OF GILROY
IN WITNESS WHEREOF, Owner hat> executed this agreement as of
November
, 1982, Gil roy, Ca 1 i fo rni a. .
5~I~/L
~l t H~Ito;;~.,) '~,',j
'~
(This document to be acknowledged with l:Iignatures as they appear on deed of title)
STATE Of CALIFORNIA )
)121:1.
COUNTY OF SANTA CLARA )
On this
'"-...........&_....J _ _..J
day of November
in the year one thouoand nine
STATE OF CALIFORNIA
)
)
ss.
H1.76 ?tGE 625
County of Santa Clara
\
..
On thl'S day of in the year of one thousand
4th Novpmhpr
nine hundred and Eighty-Two , before me, Judy Diaz, a Notary Publie,
CountYt State of Ca1iforniat duly sworn personally appeared Thomas E. Harrison
and Eva E. Harrison known to me to be the persons described in and that
they executed the within instrumentt and acknowledged to me that they
executed the same.
\
\
....~~
9;< ct , [)ft',
Judy Di, 0 ~
JUDY D1AZ
NOTARY PUBLIC. CALIFORNIA.
SANTA CLAR/\, COUNTY
M'y commission expires S~pt. 30. l'i53
~~~
My Commission expires Sept. 30, 1983
-j-
0
w
. U)
l_ . 0
'- a..
0 0
'\ 0:
"
L 0..
--
0
CJ 1-
<V Q)
-.., ~
0 di <t
> -
-- <t <5
J:
I
~
~
-
H176 r~GE62'6
\
!
I
i
I
I I
I I
I I
; ~--
L_
i
L _
--
()
-
1_ -
-
__I -1
7 0, I
In
r:::f
c
-"\
/
/
I
"3 8 5 / 11"
"'-
(jl
en
/
/ /-
/
/
J__
EXHIBIT "A" .
Harr1SOll
and Eva E.
'Ihanas E.
l.L.J
~
<t
~
'2
<:t
(Jl