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Construct Land Development Improvements - Health Dimensions, Inc. - No. 94-02 S~aDDe E. Steinmetz,city C City of Gilroy 7351 Rosanna street Gilroy, CA 95020 , !-- '-- H 2 9 ~ fA GE 0 6 7 8 V~',.:~L<L:LI l.~-~.._.-_.-!S_- i.. .~~:_--.-~~I ~ \.'.-:.,._. .-1-'+-1 I . - :L::.~j l..~_ .' _., _.::___1 12351502 CITY OF GILROY 7351 Rosanna street Gilroy, California 95020 /-,.Li..l:) ~: '.... ..:,. :.:,rw., ..uII" ;r'~~n(..' AT ~~:'};1i <tW (' \ T'/ CJ [= , C~fL?-C.'/ : E Bffh 8 5~ ~fj '"9'; ~_ 9 1994 '.J,t' fl'~j'!.l. ~r- ,t;.':.t' "'.,:::: C::Al'T' /", . -!lori", ~ .... """ lit" "d'.q~"'r ~~. - ~,~. /MIl """" :'~. 'Y ~. EJ'W" DI.'l' ':' :U:- {' r t" - -::> '- SANTA CLARA COUNTY AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. 94-02 project Identification: APN 835-05-028 This is an agreement betw~en tpe City of Gilroy, hereinafter referred t "Cit" d Health Dlmenslons, Inc. o as y , an hereinafter referred to as "Owner". WHEREAS, Owner of the property described in Exhibit A, wishes to defer construction of permanent improvements" and City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: 4 I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be 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 owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: The improvements on Cohansey Avenue, No :Jame Uno Road, Las Animas Avenue, and the future street borderinq the easterly Droperty line are inappropriate at this time. B. Owner agrees to construct the improvements as described in the attached stipulations on or adjacent to the property described on Exhibit A as well as required off site improvements in the manner set forth in this agreement. The improvements listed are understood to be the minimum requirements forseen at this time. Improvements shall include all items necessary to provide a complete operational facility including all appurtenances in conformance with current City standards in effect at the time of construction. C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in Section II - STREET AND DRAINAGE IMPROVEMENTS 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 adopted 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. 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 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. PERFORMANCE OF THE WORK Owner agrees to perform the work and make the payments requlred 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 N 2 9 ~ PA GE 0 6 7 9 competent persons legally 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 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 agreement, City may, at its option do the work and collect all 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 Owner agrees to cooperate upon notice by City with other property owners, 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 disagrees 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 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 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 damage to adjoining property. VII. ~OND~ 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 a labor and materials bond in an amount and form acceptable to City to be released by the Ci.ty Council in whole or in part upon completion of the work requi.red and payment of all persons furnishing labor and materials in the performance of the work. VI I I. !N$lJRl\NC~E O\-ll1er flhi111 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. INDEMNIT.I 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 Buffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub-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, \Ise or non-use of temporary drainage facilities, the performance or non- performance of the work. N 2 9 ~ PA GE 0 680 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 of its agents, servants or independent contractors who are directly responsible to the city. IN WITNESS WHEREOF, city has executed this agreement as of ATTE ~~;;I:zIr-1 CITY CLERK ~ Susanne E. steinmetz APPROVED AS TO FORM: /~41U::~t-- ~ITY ATTORNEY Linda If. Callon IN WITNESS WHEREOF OWner has executed OWNER 7:;r7/ a;~/94 Lois M. Conyers Senior Vice President Chief Financial Officer Health Dimensions, Inc. 532 Race Street, San Jose, CA 95126 DATE January 6, 1994 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 State of ~ \ l-tiY n \ C<... } - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill ,n the data below, doing so may prove Invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) County of ~ nn do..rc~ On ]6.u,(." ICjQ1 DATE before me, S CJ,., Y I sia V> NAME. TITLE OF OFFICER EG. "JANE DOE. NOTARY PUBLIC" j ~ ~ ~ ~ ~ ~ ~J. :H~~TI~ ~ ~ ~ ~ f ... . COMM. #975979 & I Notary P\bIc - CalIfornia ~ I SANTA ClARA COUNTY I to\' Comm. expr.. OCT 25. 1996 I - - - - - - - - - - - - - - 1--0; '5 M. u)y\ye vs NAME(SI OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TlTLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY.IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR D OTHER: personally appeared WITNESS my hand and official seal. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) .~~ I THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: \ SIGNATURE OF NOTARY -./ OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form SIGNER(S) OTHER THAN NAMED ABOVE c 1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave, P.O. Box 7184. Canoga Park, CA 91309.7184 H 2 9 t. Pl\ GE 068 I ~ ~\ \ \ ...~/. /' . \ \ \ '" EXHIBIT A VICINITv SI . TE;.1A APN 835-05 . P Ileal th D' -0:::8, 027 . lmenSlons T and OOl I .Lnc. H 2 9 4 PA GE 0 682 EXHIBIT B STIPULATIONS TO DEFERRED DEVELOPMENT AGREEMENT NO. 94-02 The following are the minimal improvements which will be required by the city of Gilroy's Public works Department along Cohansey Avenue, No Name Uno Road, Las Animas Avenue, and the future street bordering the easterly property line.: l. curb and gutter 2. Sidewalks 3. Driveways 4. street grading, base and paving 5. storm drainage facilities 6. Erosion control plantings 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 curb and property line 1l. street signs 12. Relocation of existing 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 improvements which has been, or is to be, provided by OWner and others where such facility benefits the property described in Exhibit A l4. Engineering and inspection and plan check fees 15. sanitary sewage facilities l6. Water system Actual required improvements will be based solely on the direction and approval of the Director of public works