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Construct Land Development Improvements - Light, Mike 7390 Rosanna Street, P.O. Box 66 GilroYt California 95020 r~JC) FEE ~413032 C ":~6 PAGE561 FILEOFon RLCORo. (I ~ /;!,' ::J,.,t,:,;~"_ U - 8 T 0 F ~;i f!I' , ~ SE~ ,I ~,., . 151_PH:' I 1..1 ,J I 5 j III ,L - i ,j fFFICIAl RECORO - ~ c~'~~':~ Cil.Ae,ti: i)~[Q,1k,1 ~L vN~e: 4;llrf(.~JN~-rry "E~ 19if.~~ ~J~~:9 ~,~~:1E i( C 286 PAGE561 5413032 ~. . CITY OF GI LROY AGREEMENT BY mINER OR HIS SUCCESSORS I N I NTEREST TO CONSTRUCT LANO DEVELOPMENT IMPROVEMENTS Project Identification: Parcel 790-15-2 This is an agreement between the CITY OF GILROYt hereinafter referred to as I Ie i ty" t and Mike light hereinafter referred to as "0wnerll. VlHEREASt Owner desires to subdivide or develop the property described in Exhibit A and wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner agrees to construct Improvements as herein provided. NOW, THEREFORE, IT IS AGREED: 1. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title or possession of the real property described in Exhibit A. All the termst 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. 11. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: 1. Improvements are inappropriate at this time. 2. Owner shall dedicate a 10 foot wide strip of land along his property frontage at no cost to the City. Said dedication shall be completed before commencing street improvements. C 286 PAGf5B2 B. Owner agrees to construct the follol'/ing imorovements on the property described in Exhibit A as well as required off site improvements in the manner set forth in this aqreement: Improvements required by the City Department of Public l'Iorks as generally described below. (Cross out improvements that are not required.) 1. Curb and 9utter 2. Sidewalks 3. Driveways 4. Street gradin9t base and paving 5. Storm drainage facilities ~.--;~85~8~-ee~!~8*-~*8~!*~85-8~4-'8e**~!'e5- 7. Electroliers 8. Underground conduit with wiring and pull boxes 9p--88~~~e8fte~-8~8-et~e~-~M~~e.e~e~t~-~eefte8-pe~-t~e~f.e-~e~e~y 10. Street trees and other improvements between the curh and property line. ~~r==St~..t=~*~~~=== ~~~==..~~e.f~~~~'=.~~~f~~~El.~e.~fE~~~~.E.~dE~f~~~~~.1 13. Payment of a pro rata share of the costs as determined by the Department of Public Works of a storm drainage or street improvementi which has been, or is to bet provided by Owner and others where such facility benefits the property described in Exhibit A 14. Engineering and inspection and plan check fees 15. Sanitary sewage facilities 16. Water system c. When the City Director of Public Wo~ks determines that the reasons for the deferment of the improvements as set forth in section II 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 adooted 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. Allor any portion of said im- provements 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 pnd the time when payment must he made. III. PERFORMAtlCE or THE HORK {\..nc( agrees to perform the work and make the payments required by City as ~ ~ 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 aoproval 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 t~e time improvement plans are submitted for approval. Owner aqrees to commence and complete the work within the time specified in the notice given by the Director of Public 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 agreementt City maYt at its option, dD the work and collect all the costs from Owner. Permission to enter onto the -2- C 286 PAGE5B3 property of Owner is granted to City or its contr~ctor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with oth~r ~rcperty cwnerst the City and other public aqencles to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement districtt if this method is feasible to secure the installation and construction of the improvements. V. REVIEW OF REQUIREMENTS If Owner disaqrees with the requirements set forth in any notice to commence installation of improvements he shall t within 30 days of the date the notice was mailedt request a review of the requirements by the City Council. The declsion 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 riQhts of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, ascess road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for reviewt if requiredt and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damaoe to adjoininq prooerty. \f II. BO~IDS 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 ~ labor and materials bond in an amount and form acceptable to City to be r(leased -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 maintaint or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for hereint a separate policy of insurance in a form and amount acceptable to City. IX. INDEMN ITV The Owner shall assume the defense and indemnify and save harmless the City, its officerst agents and empJoyeest from every expenset liability or payment by reason ,...F injury "including death" to persons or damage to oroperty suffered thrOll!7-" any act or olTissiont includinq passive negligence or act of negligencr, or both. of the Owner, his employees, agentst contractorst sub- -3- C_ 286 PAGE564 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 fact1ltles 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 the 17th day of May, 1976 ATTEST: CITY OF GilROY /~~~b.y{/g IN WITNESS WHEREOF, Owner has executed this agreement as of the 6th day of May, 1976 ~ .~4~~cl-: (This document to be ac1<.nohJtedged lJith signatures as they appear on deed of titZe; STATE OF CALIFORNIA ) )S5. County of Santa Clara ) o this ~ -~ day of ~11tLvr In the year undre and -<J U U-..t+f' . , before me, t aUNota Public, tlL- el~ a orn , u y sworn, persona 11y appeared pltk- known to me to be Mi ke Li ~ht d crl executed the within Instrument on his behalf therein ledged to me that he executed the eit per -4-