Construct Land Development Improvements - Hewell & Sheedy Construction - No. 87-28
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Susanne E. Steinmetz, City Cler]
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
NO FEE PER GC SEe 27383
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CITY OF GILROY
7351 Rosanna Street
Gilroy, California 95020
K 825PAGE1770
ClTr Of GILROY
JAN 20 II 22 ~H 'BS
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
No. 87-28
Project Identification:APN 783-25-032 (8340 Rancho Real)
This is an agreement between the City of Gilroy, hereinafter referred
to as "City", and Hewell and Sheedy Construction Inc.& Thomas J. Obata
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:
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:
Improvements 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 required 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
K 825PAGE1771
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. 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
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 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 "including death" to persons or damage to
property suffered 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,
use or non-use of temporary drainage facilities, the performance or non-
performance of the work.
K 825PAGE177~
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 January 1~, 1989
ATTEST:
eITY OF GILROY
./
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IN WITNESS WHEREOF Owner has executed this agreement as of I'd - <_:;\.~'t
(This document to be acknowledged with signatures as they appear on d
t it Ie )
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this
hundred and
State of California,
known to me to be
executed the within instrument on
acknowledged to me that
day of
in the year one thousand nine
, Notary Public, City Clerk, City of Gilroy,
duly sworn personally appeared
described in and that
behalf therein named, and
executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Gilroy in the County of Santa Clara the day
and year in this certificate first above written.
.
City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
K 825 PAGE 1774
STIPULATIONS TO AGREEMENT TO CONSTRUCT IMPROVEMENTS
No. 87 - 28
Improvements required by the City Department of Public Works are as
generally described below:
18. Others. (Describe below.)
A. The owner agrees that improvements will be needed for domestic
water and fire supression. The owner agrees to enter into an
assessment district, if a district is formed, for the
construction of water system improvements or to contribute a
pro-rata share of the cost of an area water system that has
been installed by others. The owner further agrees to pay all
costs associated with the connection of the residence to an
area wide system and will proceed with said connection upon
demand by the City.
CAT. NO. NN00627
TO 1944 CA (9-84)
(Individual)
fIJJ TICOR TITLE INSURANCE
1
II:
III
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III
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K 825 PAGE 1773
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