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Construct Land Development Improvements - Leavesley Investors - i.erk . . . Susanne E. Stelnmetz,City - I~'\{;i ty of Gilroy .\ 7351 Rosanna St. " Gilroy, CA 95020 NO CierJJ) \--t FEE PER GC SEC 6103 9394789 F I LED tOR }d': C 0 ~ 0 Ai Rtnll~.SJ Or . C~fj oJ ~ c- ,L~>V) AUG 13 12 06 PH tBl 9394789 7351 Rosanna Street Gilroy, California 95020 (Ii; I "1'~ "; ~ -' ,1 CITY OF GILROY Project Identification: A/S 85-37 70-Unit motel on Murray K259PAGE 841 This is an agreement between the C.ity of Gilroy, hereinafter referred to as "City", and Leavesley Investors hereinafter referred to as "Owner". WHEREAS, Owner of the property descri bed .in Exhib.it A, w.ishes to defer construction of permanent .improve1U~nts ancl City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: I. AGREEttENT BINDING ON SUCCESSORS I N I NTEIU:ST Th.is agreement, together with the attached stipulations, is an instrument affecting the title or pot:lsession 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 1n Exhib.it 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 th.is agreement. I I. STREET AND DRAINAGE H1I'ROVI~IIENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: Santa Clara Valley \Jater District improvements to the channel to the east of this Droperty will disrupt off-site imDrovements along Leavesley Road. 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 e.ity Department of Public Works as generally described below. (Cross out .improvements that are not requlred.) -l.,.... - -C-u--r -b-- ---iH tJ- -gu--t '--t'-e-i.=--..-- 2-- - -Si-d-e-wa 1 k H . -1-.- --f7M..-vt..~. ..4.....- - ~ --#-l-~+frr-~ ---iH+'-l- ---tM-'f'1-l~. -'h- - -S-t -o-r-fll- -d--r~tfrj~~ -+a-e-l:-l-I:-H:-L~.r-. ~ - -E-r-o&!--on- ~l-t --r-o-l- -v-l-tt-n+-+fii,,'iT -and- -F-1te-1- Hto-i-e-8- . .:;.,.... - -l'::.l-e-G-t ----r---o-W.~--6--..-- ..s.......... - -V..nde--r-g-r~td- -~_}HdH+-t- -w-1-t-h- -',oi--}-F-.hiit -~ttd- -tml-l- - bf7}te~. ~-~~----r~~~~~td-~K~K~--~~~~~~-~tt-ff7~-e~aff~c-8~fety.- 10. Street tree!:! and olher improvements between the curb and property line. I-J..,.... - -S-t----r-6O--t- ~H7--v- 1.2...-- ~ ~4- 4..~:.....i-ll--H...-k-"-l~'"&-r -&1-g;+& -a-A4-H-l:- !-l-!-l:-!-eB-.- L3-- -...P~l-t.- ....{~- -a- -p-l"-O- ---F-ii-t-.+ --&I~ -{-r~ --t:-A-e- -ee-s-I:-s-- as- -e el:-e 1"11I htee - by- ~ ne ~~~~~~~~~HH~-{-r~-a-~I:-&~~-4~a-!-aa~-ef'-~l:-f'ee~-!mp~6~~me~~~ -w+rl..eh........h--mr -1.-RHHI'--F-"'K--,-i--&- --8.~ ---M....T --j+-8:rV-h.~-l- ->> ':f -y...ae- f' -a ad -6 I:- HQ I' S - wl-le-E e - -6~-k- -f-a-4J.U+ -be..n~..o...f-4-t-&- ~H->"" "1H'-{~-pe--H-Y- ~F- i-\:re-d- - !-a - &}t h!-lt!:- e -A.. ~-~~~~"1~~~~~~~-F-a-~-i-I-t-e~feel:--6l:--e~lIIe-6f-pftymen~. L4__--~~L -iHHl-- -i--G&I*--'-e{:.....l-o-rt---attd- -~ l-a-a-eheek- - fee". L.5....-- --~~+~'t,4..~ ---h+'-4l-k.'-1-€--&-...... l~-4ia-t-e-r-~:..e--tlh -1- K 259 PAGE 8 42 C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in sect.ion II no longer ex.ist, he shall not.ify Owner in writ i ng to commence their installation and construction. The notice shall be Illdiled to the current owner or owners of the land as shown on the latest adopted county assessment roll. The notice shall descr.ibe the work to be done by owners, the t.ime with.in wh.ich the work shall commence and the time with.in which the work shall be completed. All of any portion of sa.id .improvements may be requ.ired at a specified time. Each owner shall part.icipate on a pro rata has.is in the cost of the improvements to be installed. If owner is obl.igated to pay a pro rate share of a cost of a facility provicled by others, the notice shall .include the amount to he paid and the time when payment muBt be made. I I I. PERFORHANCE OF TilE ~mRK Owner agrees to perform the work and make the payments requi red by Ci ty as set forth here.in or as mod.ified by the Ci ty Council. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualif.ied to do the work and to submit said ll11provel1lent plans and spec.ificationB for approval prior to cOlllmencemcnt of the work described in the not.ice and to pay city inspect.ion fees. The work shall be done .in accordance w.ith city standards .in effect at the time lmprovement plans arc submitted for approval. Owner agrees to commence and complete the work within the time spec.ified in the notice given by the [)irector of Public Works and to notify the C.ity at least 48 hours prior to start of work. In the event Owner fails to construct any .improvements requ.ired unckr this agreement, C.ity may, at .its option do the work and collect all costs from Owner. I'ermission 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 Clty w.ith other property owners, the City and other publ.ic agencies to provide the Improvements set forth here.in under a Joint cooperative plan including the formation of a local improvement district, if th.is method .is feasible to secure the installation and construction of the .improvements. V REVIEW OF REQUIREMENTS If Owner disagrees with the requlrements set forth in any notice to commence installation of improvements he shall, wi.th.in 30 days of the date the notice was mailed, request a review of the requirements by tile City Council. The decis.ion of the Counc.il shall be binding upon both City and Owner. VI HAINTENANCE OF UlPIWVEHENTS C.ity agrees to accept for maintenanl:e those improvements specif.ied .in Section II wh.ich are constructed and completed in accordance with City standards and rerjuirements and are installed within rights of way or easemellts dedicated and accepted by resolution of the City Council. Owner agrees to prov1.dc any necessary telilpOral"y drainage facil i ties, access roads or other required .improvements, to assume respons.ihil.ity for the proper funct.ioning thereof, to subm.it plans to the appropriate C.ity agcncy for review, if required, and to maintain said improvements and facilit ies in a manner wh.ich w.ill preclude any hazard to life or health or damage to adjo.ining propcrty. VII HONDS Prior to approval of improvement plans by the C.ity, Owner may be requ.ired to execute and deliver to the C.ity a fal thful performance bone! und a labor and materials bond .in an amount and form acceptable to (ity to be released by the City Counc.il in whole or in part upon complet.ion of the work required and payment of all persons furn.ishing labor and materials in the pl>rfonnilnce of the work. VIII INSURANCE Owner shall maintain, or shall requ.ire 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 INDE~1NITY The Owner shall assume the defenl:le and indemnify and save harmless the C.ity, .its of f .icers, agents und employees, frulll every expense, 1 iabi li ty or payment by reason of injury "including death" to persons or dalllilgl'. to property suffered through any act or K 25 9PAGE 8.i3 his omission, including passive negligence or act of negligence, or both, of the Own~.t employees. agents, contractors, sub-contractors, or anyone directly or indirectly employed by either of them. or aris.ing in any way from the work called for by this agreement. on any part of the premises, .including those matters aris.ing out of the deferment of permanent drainage fac.ilities or the adequacy, safety, use or non-use of temporary drainage facilit.ies, the performance or non-performance of the work. This provision shall not be deemed to requ.ire the Owner to Indemnify the City against the liability for damage aris.ing 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 th.is agreement as of OCTOBER 27, 1986 ATTEST: CITY OF GILROY 4JU4~~' ~ / . ...c~TY CLERK ~' .' AP.~j{OVED ,.A,S' TO FORM ( (lit if'( 1// 14///L CITY ATTORNEY / IN WITNESS WHEREOF. Owner has executed this agreement as of November 17, 1986 (This document to be acknowledged with signatures as they appear on deed of t.itle) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this 17th day of November in the year one thousand nine hundred and eighty-six , Notary Public, City Clerk. City of Gilroy. State of California, duly sworn. per80nally appeared John T. B1aett1er known to me to beone of the partners _described in and that he executed the within instrument on their behalf therein named, and acknowledged to me that such partnership 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. ~.h..."1 . ,I....~..h......~ -.....I..i.~.ll..:4..-...J.L.ll~.i~~:;;JIo1UIl E OFFICIAL SEAL: :: GAIL CORNAGGIA ~ M _ S NOTARY PUBLIC - CALIFORNIA :: : COUNTY OF SANTA CLARA : - - = Comm. Exp. Dec. 2, 1988 : i 11111111111111111111111111111111111111111111111111111111 i . ~ ~4'4-i1<' . .f tlt- (, i#'.- 7~ t/; '-" City Clerk, City of Gilroy, State of Cal.iforn.ia per Civil Code Sec. 1181; Government Code Sec. 40814 -3- ,.-. e I . ...._.,..-r --.. . -- .. f- ~/'\ ---~ ~_u_____ ~ .~ ...0 ~ -~ t ------- ~ -------- r:P ii' . ~/~ ,,;.------- ~-{ ~~\... f).--J -------\ \...~ '" '" ~/ ~ Ir.\'-' ~tTe~ - '~I\~ ~~/ ~--------- . \ \~ PARCEL 1.~ \ t / i t. ~ ~ .' i ! f ~ I I t f V\CI~ iT! M~P LCAYc6LfX lW&&TOle~ _,"fIM,t;.~.