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Construct Land Development Improvements - Jasker, Inc. p ..:,us,,,nne E. Steinmetz,City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 NO FEE per GC - ~ , 7351 Rosanna Street Gilroy, California 95020 REC fEE RMF MICRO LIEN NOT SMPf PCO~ AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. r~ OFFiCl,L ,d:C()fr>~ 86-50 Project Identification: Tract No. 7308, Jasker Industrial Park This is an agreement between the City of Gilroy, hereinafter referred to as "City", and JASKER, INC. 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, convenants 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: See Attachment 1. B. Owner agrees to construct the following improvements 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: Improvements required by the City Department of Pu blie Works as generally described below. (CrosB out improvements that are not required.) 1. Gu-r-b--a.n.d--gu.t-t-(H". 2. S4-de..alkc. 3 . D.r-~ow-.3-% . 4 . S-t-r--e-e-t--g-r-&d-:HTg-,--9&&e--afl-d-.-~&\'-H.-g.. 5 . S-t-<H:-IR- -d-ffl-i-fi..a..g-e- -.F-a-e- :l:-1-i-l;-i:-e-&. 6. &r-otT-.i:-<Ht--e<.HTt~1-~~~-~-f.a.€-i-li,.t;.i-Q6. 7 . E-l-e-e-t-r-o-1-~. 8. ~~~~~~~+-~~~~~g-a~~-~H*l-~e~e6. 9. ~~~~~-~~~~~~&-Reeaea-~e~-~~u~f4~-~J~~~. 10. &t~- t I'" eCil -aftd-~~I'--i:-ffi""Hr'ol-e-Ifle-Ft~&-.eet-weefl.--t.fle-~-t:I~-l:>-~--p.r~-t." ),..:kTe-. 11 . s-t:-F-ee-l:---s-~ . 12. ~~~-&~~~b&~~-~&~&,-6fgR6-afl.a-~~4J4~4e€. 13. ~-&~-a~F&-~&~&-&~&~-ef-t-Ae-ee6t€-a€-~€-t~~~~~~_~_~~ ~-{Ile1*-&~ -Ptrl-;-l-:l:-e--We-ffi-s---€l f - B - fj t-€l f' Ill- 6-ru4.fla~~- 0&("- ~~~- .;t-mp..r~ ~~~-~.-~~-~-~-beT-~~e~~eee-~-~fle~-~-~+~~~~~~ ~~l-~~-be~~~~-~he-~r&~eF~y-de6ef'4..eee-4~~~~-t_~. ~~r--~-&r-e--~&yaj.;.l-e-a~-ehe-Tate-4fl-e~~e€~-~-~~~~_~~~~ 14. ~~~~b-~M~-tfi~~e~t~fi-and-pi6fi-e~eek-{~. 15 . S-a-rtH:.a-l')'"-~~-faetl:H:+es . 16. ~a~er-~~~em. J818PAGEt 770 C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in section 11 no longer exist, he shall notify Owner in writing to commence their installation and construction. The notice shall be malled to the current owner or owners of the land as shown on the latest adopted eounty 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 oi 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 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 Ci ty Council. Owner shall 'cause plans and specifications for the improvements to be prepared by 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 eity 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 sp~cified in .the notice given by the Director of Publie 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 dis trict, 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 ne~essary 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 faeilities in a manner whieh will preclude any hazard to life or health or damage to adjoining property. VII BONDS Prior to approval of improvement plane by the City, Owner may be required to execute and deliver to the City a f ai thful perf ormance bond and a labor and materials bond in an amount and form acceptable to Clty 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 contraetor engaged to perform the work to maintain, at all times during the performBnce 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 ciefenee and :indemnify and save harmless the City, its officers, agents and employees, from every e~pense) liability or payment by reason of injury "including death" to persons or dar iI:' to property suffered through any act or J 818PAGE1771 omission, including passive negligence or act of negligence, or both, of the Own~~. hi~ 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. 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 . August 11, 1986 ATTEST: CITY OF GILROY ;12ffr~/;d~ IN WITNESS WHEREOF, Owner has executed this agreement as of August 14, 1986 ~L~:71 (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )S5. COUNTY OF SANTA CLARA ) On this 14th day of August in the year one thousand nine hundred and eighty-six , Notary Public, City Clerk, City of Gilroy, State of California, duly sworn, personally appeared Lloyd Martin known to me to be the person described in and that he executed the within instrument on hlS behalf therein named, and acknowledged to me that he 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. U4~&~ ~\.i:~lHU; E. Stllinmdz. City Citft eftv 01 Wlluy. CoUllty of Santa Clara Sbte of CJliforni~ per Civil Co4t Sec. ll'l~ vemllltflt Code S&c. 40814. ity Clerk, City of Gilroy, State of per Civil Code Sec. 1181; Government . " J818PAGE1772 DEFERRED DEVELOPY~NT AGREEMENT NO. 86-50 JASKER INC., TRACT NO. 7308 Improvements are not necessary at this time. The Owner agrees to install or participate in the installation of the continuation of the storm main along the property frontage. Said installation or participation shall be required when development occurs on properties to the north or across Murray Avenue. ~~ Signatur~ > ?~ Date e - /~ -8 c.. ATTACHMENT 1