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Construct Land Development Improvements - Kishimura, Robert and George ~us'mne E. Steinmetz, .':ity of liilroy ,-351 Rosanna St. :ilroy, CA 95020 CITY OF GILROY City Clerk m FEE PER GC SEC 6103 DH 93:j'/9S6 K 253PAGf1528 FILC:u F(;,', ;,c\)O;:;D t ;r~Q~~~t~ , J '~~'-'Bi I:I~~; . '" )" I 7351 Rosanna Street Gilroy, California 95020 , ) AGREEMENT BY OWNER OfZ illS SLl('CE3S0R$:lN INTEKEST.~TY CONSTRUCT LAND DEVELOPIIENT IMI'ROVir:i1):;<<T'S" 'lio. 87-15 I.t.... ". Project Identification: Scientific Garnes APNiJ- 835-02-012 8899 Murray Avenue, Gilroy, CA 95020 This is an agreement between the City of Gilroy, l~ereinafter re.rerred to as "City", and Robert and George KJ_shlmura See Exhibit "A" hereinafter referred to as "Owner". WHEREAS, Owner of the property descrihed 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. NOYI, THEREFORE, IT IS AGREED: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST Th: s agreement, togeth('r 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. I I. STREET AND DRAINAGE HlI'ROVl::HENTS A. City and Owner agree that the improvements set forth in this sec:..ion may be deferred because: development and imorovernent of the future east-west street is nremature at this time. However, at the time the east-1;vest street is reauired, landscaping and access improvements on the north side of the Scientific Garnes parcel shall be required. 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 a~reement: Improvements required by the City Department of Public Works as generally described below. (Cros8 out improvem.ents that are not required.) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Curb and gutter. Sidewalks. Driveways. Street grading, base and paving. Storm drainage facilities. Erosion control plantings and facilities. Electroliers. Underground conduit with wiring and pull boxes. Barricades and other improvements needed for traffic safety. Street trees and other improvements between the curb and property line. Street signs. Relocation of existing fences, signs and utilities. Payment of a pro rata share of the costs as determined by the Department of Puhlic 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 Exhihit A. NOTE: Fees are payable at the rate in effect at time of payment. Engineering and inspection and plan check fees. Sanitary sewage facilities. Water system. Photographic fmsge may be poor due to condition of original document. 1l. 12. 13. 14 . 15. 16. -]- K 253PAGc1529 C. When the City Director of l'ubli c Works determines that the reasons for the deferment of the imprGvcments as ~;et forth in section 11 no longer ,xist, he shall notify Owner in writ ing to commence their installation and construction. The notice shall be mailed to thc current owner or owners of the land as shown on the latest adoptcd cOLlnty 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 rcquired 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 amoLlnt to be paid alld the time when payment ITlULt be made. I II., PERFOIU1ANCE OF THE WORK Owner agrees to pcrform thc work and make the payments r'-!qui red by Ci ty as set forth hcrein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by competcnt persons ler,ally qunU fled to do thc work and to submit silid improvemcnt plCln8 and .'pecificatio;'b for approval prior to comlll(~ncement of the work described in the notice ane to pay city inspection fees. The work shall be done in acconlance with city standards in effect at the time improvement plans are submitted for ilpproval. O....'ner agrees to commcnce and complete the work within the time f',pecified in the notice given by the Director of Public Works Clnd to nottfy the City at least 48 hours prior to start of work. In the event Owner fails to cons t ruct any improvements requi red undcr this agreement, Ci ty 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 JOlin COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other property owners, the City and othcr 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 PJ~VlEW OF REr)UIREt1[NTS If Owner disagrees with the requirements set forth in any notice to commence installation of improvcments 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 ~lAINTENANCE OF HiI'IWVEMENTS City uijrces to accept for mainteJlanCI~ those improvements specif ied in Section II which are constructed and completed in accordullce with City standards and requirements and ilre installed within rights of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any nece~,sary 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 HONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to the City a faithful performance hond and a labor and materials bond in lln amount and form acceptable to City to be released by the City Council in \Jhole or in part upon completion of the work required and payment of all persons furni shing labor and materials in the performance of the work. VIII INSUIU.NCE Owner shall maintain, or slwl1 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 II form and amount acceptable to City. IX lNDEtlNITY The Owner 6hall assume the defense and indemnify and save lwrmless the C~ty, its officers, a:'..'11LS and employees, from cvery expense, liability or payment !'y reason of injury "including dcath" to persons or damage to property suffercd through any act or K 253PAGE1530 omission, including passive negligence or act of negligence, or both, of the Own~.. hiu employees, agents, contractors, sub-contractors, or anyone directly or indlt~ctly 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 al'ising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non-use of temporary drainage facilities, the performance or lion-performance of the work. This provisIon shall not be deemed to rNJldre 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 (Ilrectly responsible to the City. IN WITNESS WHEREOf, City has ex.ecuted this agreement as of July 6, 1987 ATTEST: CITY OF GILROY A .d~ ~~E~.. . C/I '- \ I CITY ADf'lHHSTRATOR ) " ____/0 ...:.::.-~ c...-~ / , ~_./ IN I-lITNESS / I i WH~EOF , Owner has executed this agreement as of June 26, 1987 ~tU~ -! ~~'l~ ~~~) (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )93. COUNTY OF SANTA CLARA ) On this 26th day of June in the year one thousand nine hundred and eighty-six , Notary I'ublic, City Clerk, City of Gilroy State of California, duly sworn, personally appeared ROBERT AND GEORGE K1sHlMURA known to me to be the persons described in and that they ex.ecuted the within inutrumcnt on their beholf therein named, and acknowledged to me that they executed the same. IN \HTNESS 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. ;, i ...~.' ., ,l.. ~.,..'''' . ~~ ,".' , ")- ~ " ,. . ~. 7 0 , . "; "I, -:... <0 " . '. ~ "',VoI -: :7.":' ..:.;... --:. \ ~ :'IIS<t~r,() i :;,t"':~letz. .>,' 1"0r!1 (.Iiy d GI'ro~, .;" of Sa~13 CIIr. 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"'\",'" .II" f'.' ~"o' ,_ ,..,': '1.,."" ~. ,t~1 .~ D Exhibit "A" APN+835-02-0 12