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Construct Land Development Improvements - Kazanjian, Jack Susanne E. Steinmetz,CityClk Ci'ty of Gilroy 7351 Rosanna Street ~GilrOy, CA 95020 c.. \r~-".,~,,~1t ~ "'/" --=- ~\~ 'fIt-..I "!l'f ~ [) J';\}\'~'.) C-:) t.::3 LU ~ 8 :z: u.J , 'k .---. jN~ ! NO FEE PER GC Sec 6103 9536269 FILED FOH RECORD AT REQUEST OF w W I.J.. o :2: OF! /\',;\,\cCOHDS SANT/\ CUHA COUNTY LAURIE KANE RECORDER DEe II III Ij2 Ml 187 CITY OF GILROY 7351 Rosanna Street Gilroy, California 95020 AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO Project CONSTRUCT LAl'.T]) DEVELOPHENT IMPROVEHENTS APN 835-04-019, 047, 048, 049 & 050 Identification: San Ysidro Ave, approx. 1700 ft. north of Leaves1ey No. 87-39 This is an agreement between the City of Gilroy. hereinafter referred to as "City", and Jack B. Kazan-jian, Trustee 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, THEP~FORE, 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 successor~ 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 c08plete 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. PERFO~fANCE 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 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 ~orks 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 REQUIREHENTS 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 ~as 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. HAINTENANCE OF UiPROVEHENTS 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. O~~er 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. VII I. 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. INDEHIHTY 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, o~ 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 ti,e 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 December 7, 1987 CITY OF GILROY i. ..// -~ .. p r v .'1 t IN WITNESS ~~EREOF Owner has executed this agreement as of December 4, 1987 ( ~ ~/0L15,~~~ -. / /' ~;ffizj!:, ~ fJL~. t . (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this 4th day of December in the year one thousand nine hundred and eighty-seven ,Notary Public, City Clerk, City of Gilroy, State of California, duly sworn personally appeared JACK B. KAZANJIAN, TRUSTEE known to me to be the person described in and that he executed the within instrument on his behalf therein named, and acknowledged to me that he executed the same. IN HITNESS 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. 2#~ ~6I '~,""'-~1'Hi C I:~rl~;jr~.. :r_ ;~;~1 C~';fi. ~i'~'u>l G~l.!~:;: C.{;'JiIt1 of Sa:lta ClIra Sta~ of ~Iilorn;a per Civil CoOt Stc.l1U; ~ Cote See. .t(),114. ity Clerk, City of Gilroy, State of per Civil Code Sec. 1181; Government ~ , ~ STIPULATIONS DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY AND THE SIERRA V.~LEY BUS LINE DATED: December 4, 1987 1. The City of Gilroy agrees to provide sewer capacity and water service for domestic use and for fire protection for the Sierra Valley Bus Line on San Ysidro Avenue, after annexation and if capacity is available. 2. The owner agrees to annex the property described by this agreement to the City when it is deemed necessary by the City. 3. The owner also agrees to remit to the City of Gilroy the appropiate fees for water, sewer, storm drainage connection charges and all other fees required. The deferred fees will be paid at such time that the property is annexed and connection to the utilities is approved by the City. All fees shall be paid at the rates in effect at the time of payment. 4. The Owner will reimburse half the cost of all the existing underground utilities and pavement on San Ysidro Avenue along his property frontage. 5. The Owner agrees to reimburse the City for the Special Zone Charges for water and sewer costs in addition to the normal charges. These charges are based from the pro rata share for all properties served by sewer and water. 6. The Owner agrees to dedicate and improve to City Standards all streets and public improvements 7. The Owner acknowledges that he is responsible to obtain all water, sewer, and storm drain easements in the future as required. Dated: