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Construct Land Development Improvements - Konle Development NO FEE per GC Sec. 6103 G 782 :'~G: 535 7363326 <14 'J REC. FEE F!LED FO'~ "ECO?.D i1~E:U l:rl:,F:"Z MAY I 3 19~?t. ... . CITY OF GIl.ROY MICRO LIEN NOT 7351 Rosanna Street, P.O. Box h6 Gilroy, California 95020 SMPF >,/ ".''''l d Ar.RO:llENT HY miNER 01{ III S SIICCESS()I{S IN INTr:I{EST TO CONSTRIlCT lAND DEVI-: l.0 PIIENT lt1PIWVf.lfENTS # 82-12 Project Identif icat ion: _~rtion--2-:t}~~~~_s_s_q!,_'~__ parce}.__# 841-:!?-<LQ.~ ___ This is an agreement hetween thp. City of r.1lroy. hereinafter referreci to as "Ci ty", and Konle Developmen~_ Ltd. hereinafter referreci to as "Owner". HHEREAS, Owner of the property descrihp.d 1n Exhihit A, wislws to deft'r construction of permanent improvements and City agrees to such deferment provideci Owner (or Successor in interest) agrees to construct improvements 8S herein provideci. NOW. THEREFORE, IT IS AGREED: 1. Ar.REFtIENT fHNDING ON SIJr.CESSORS IN INTEREST This agreement, together with the attached stipulations. is an instrument affecting the title or possession of the real property descriheci in Exhihit A. All the tenlUi, convenants anci conditions herein imposed shall he hinding upon anci inure to the henefit of the slIccessors in interest of Owner. Upon the Hale or division of the property described In Exhihit A, the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the ohligat ions imposed on Owner hy this agreement. I I. STREET AND DRAINAGE ItIPROVEttf.NTS A. (;ity and Owner agree that the improvements set forth in this section may he deferred hecause: These fees are inappropriate at this time, but will be payable with the building permits at the rate in effect at that time. B. Owner agrees to construct the following improVf~ments on the prolwrty descrihed on Exhihit A as well as required off site improvements in the manner set forth in this agreement: Improvements requirecl hy the C1 tv Department of Pllhlic \~orks as gl'llt>rall y described helow. (Cross out improvements that are not reCluired.) 1 . 2. 1. 4. 5. h. 7. 8. /< 9. j 10. 11. 12. 13. 19'vyhl /tJicf ;11IJ fy'rj. l;l~;o r f11Y. 19'0/'1'1 fry. 7~rl'/~~"7ryrrYrf~rI1?Nfrll Storm drainage facilities. Erosion control plantings anrl facilities. ?,~;fJ !,!1j1j!f?' V'I"t~/;{y'?4Jy1/~#/1jt ;\ftJ.,VI/Vr;1fi,ili/rN /J'W A/>/.it/. lfiyrJj.1i~1 14CY />J-Y4V /1/nplc/vt~-.Ar<'ii Mi/t/f}" JI>I It/rid I tel /...Itl tit/-/. Street treel:! anrl other impr()vemt~ntH hetwi~en the cllrh and property line. rt/r,kf 'I 10M)I I o/~l>f;tv0jll pW Ie,-?<,J I tlvrw/ It/rlC)>'/;/' li~~1 iicY' Jd iY1AA~'. Payment of a pro rata share of the costs as determined hy the DI~partment of Puhllc Works of a storm drainage or street improvements which has been, or is to he, providerl hy OWIH'r and others where sllch facility benefits the property descrihed in Exhihit A. 14. ~~~~q~jllrl~~r<i~~tt~II~AIIV.dv/~~d1l'~~ 15. ~~~t;tw/~ft~I~/~IVUttilf. 16. \14ft IF/YJ;/-14y' -1- G 782 :'~GE 536 C. When the City Director of Public Works determines that the reasons for the defl~rment of thc improVcml~ntH Uti tict forlll in bL'et 1011 11 110 lllllgl!r exist, he shall notify Owner in writing to commence their installation and construction. The notice shall he mailed to the current owner or owners of the lanci as shown on the latest adopted county assessment roll. The notice shall del:lcrihe the work to he done hy owneni, the timt! within which the work shall commence and the time within which the work shall he completed. All of any portion of said improvements may he required at a Bpecified time. Each owner shall partici pate on a pro rata basis in the cost of the improvements to he installed. If owner is obligated to pay a pro rate share of a cost of a facility provided hy others, the notice shall include the amount to he paid and the time when payment Ilust be made. 1 I I. PERFORMANCE OF TIli'~ WORK Owner agrees to perform the work and make the payments requil'ed by City as set forth herein or as modified by the City Counc1.l. Owner shall calise plans and specifications for the imnrovements to he prepared by competent persons legally qualified to do the work and to suhmit said improvement plans and specifications for approval prior to comml~nceml'nt of the work descrihed in the notice and to pay city inspection fees. The work shall he done in accordance with city standards in effect at the time improvement plans are submitted for approval. Owner agrees to COfiUnence ilnfi complete tlw work within the time specif ied in the notice given hy the Director of Puhlic Works and to notify the City at least 48 hours prior to start of work. In the event Owner fails to conBtruct any improvements required under thin agreement, City may, at its option do the work and collect all costs from Owner. Permission to enter onto the property of Owner is ~ranted to City or its contractor as may he necessary to construct such improvements. IV JOINT COOPERATIVE PLAN Owner a~rees 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 .10int 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 r.ounci I shall be binding upon both City and Owner. VI MAINTENANCE OF HtPROVEtlENTS City agrees to accept for maintenance those improvPlIIl.nts specified in Section II which are constructed and completed in accordance with City standards and requirelllents and are installed within rights of way or eaSt~ments dt!dicated and accepted hy resolution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, access roads or other required improvements, to assume responsihility 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 ITlilnner which will preclude any hazard to life or health or damage to adjoining property. VII BONDS Prior to approval of improvement plans hv the City, Owner may he required to execute and deliver to the City a faithful performance hond and a lahor and materials bond in an amount and form acceptable to City to he released hy the City CouncIl in whole or in part upon completion of the work required and payment of all persons furnishing lahar and materials in the performance of the work. VIII INSIJRANCE Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, ilt all times during the performance of the work callt~d for herein, a separate policy of insurance in a form and amount acceptahle to City. IX INDEtlNITY The Owner shall ilssume the defense and indt!mni fy and save harmless tlte Ci ty, its officers, agents and employees, from every expense, liahility or payment hy reason of injury "including death" to persons or damage to property suffered through any act or -2- G 782 !)~GE 537 omission, includin~ passive ne~ligcnce or act of negli~ence, or hoth, of tIll' Owner, his t::ll\~loyct:8, li~t:nttl, contrCictortl, tlUb-colltrdctorl:l, or dllY olle rl1rectly or indirectly employed by either of them, or arising in any way from the work called for hy this agreement, on any part of the premises, including those matters arising out of the deferment of permanent dra1na~c faci 11 t iea or thl~ adequacy, safety, use or non-use of temporary drainage facilities, the performance or non-performance of the work. This provision shall not be rleemed 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 arc directly responsible to the City. IN WITNESS InlEREOF, City has executed this agreement as of r'1ay 3, 1982 ATTEST: CITY OF GILROY APPROVED AS TO FORH ~: Ii /f ./; I. . i . ~ ' \..-/ ~_. /./. . ~ / _.' ifief d( Yft:ir/2 CITY I\TTORNEY . / IN WITNESS InlEREOF, Owner has I~xecllted this agreement as of April 28, 1982 U: "i\ b f> .)..\...U a.._ "1~ c= '. l\ ,::) r. r. ,.,.~ ; I.. \ / .... .-J '" .J I (, {; t, 'L';JL (This document to he acknowledged with signatures as they appl~ar on deed of title) STATE OF CALIFORNIA ) )66. COUNTY OF SANTA CLARA ) On this day of .1_ .0-1 ~ I TO ,.4. CA 1.,741 (Partnership) STATE OF CALIFORNIA COUNTY OF 5At-JfA Q. k.~\ fC-A On t\ f'R.. \ L \ (... I \ q ~?- ..::r- E 12..t:.. '1' before me, the undersigned, a Notary Publico in an:~~~~tate, =y a~ S I €\.IEPS' I-tATCHElZ. J 'vJ\ Ll-\ !:\'(V'\ ~. - --- I . } SS. .1ITl& INSURANCE AND TRUST ,.-- t l- . 11 III II: III :z: III ..I L 0( ti l \ known to me to be TI-i IZ ~ E: of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ~. ~'~ Signature .. t\, .J. (ThII ..... for otBclal nOWial _1) -)- ~_.. - ~ \\. "\~~ I~-_-J. 1-+ , I .~ tl -\\ ~\'\. \\ \\ " G 782 ;1'G: 538 ;> -4 ,-"Z N luchessa Alte " \.~ ~ ~ ~ ~ \ ~ ;s's. ,... I.S\ ~ 0 c::::. A Ox -s. ~ \0- 'S) ~\ -z... \ , , , ." " \ \ \ \\ ~%~ \\, .'" q,\oe:... EXHIBIT "A" Konle Development Ltd. Agreement