Construct Land Development Improvements - Lutheran Church of the Good Shepherd, The
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NO FEE per GC Sec. 6103
75833Z8
CITY OF GILROY
7351 Rosanna Street
Gilroy, California 95020
H306 P!CE 12?
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Project Identification:
Assp.ssor's Parcel No. 78~-02-008
This is an agreement between the City of Gilroy, hereinafter
referred to as "City", and the Luthern Chu rch of the Good Shephard, <'I (<'II i-
fornia Corporation, Robert Bilyeu, Treasurer,
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, THEREFORE, 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, 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.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because: these improvements are inappropriate at this time.
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 City Department of Public Works as generally
described below. (Cross out improvements that are not required.)
1. Curb and gutter.
2. Sidewalks.
3. Driveways.
4. Street grading, base and paving.
5. Storm drainage facilities.
6. Erosion control plantings and facilities.
7. Electroliers.
8. Underground conduit with wid ng and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. Street trees and other improvements between the curb and property
line.
11. Street signs.
12. Relocation of existing fences, signs and utilities.
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14. Engineering and inspection and plan check fees.
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17. See additional stipulations attached hereto.
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7583928
FILED FOR RECORD
~OF
JAN 28 10 09 ~H '83
OFFICIAL RECORDS
SA NT A. t,; Ud~f~ cnu NTY
CFOR:;: I"~ ~iANN
R ISTR,\R RECORDER
H306 P.~CE12?
girl< X
H306 P!GE12B
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in section 11 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 rate 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. PERFORMANCE 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 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 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 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 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 rights of way or easements dedicated and accepted by resolution
of the City Council.
Owner 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.
VIII
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 acceptabl~ to City.
IX INDEMNITY
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 }Jersons or damage to property suffered through any act or
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H306 p~GE 129
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, on 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 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
January 3, 1983
ATTEST:
CITY OF GILROY
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ATTORNEY
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APPROVED AS TO FORM'
CITY
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IN WITNESS WHEREOF, Owner has executed this agreement as of
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TO 1945 CA (8-74)
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STATE OF CALIFORNIA
COUNTY OF SantaClara
On De c em be r 29, 198 2 before me, the undersigned, a Notary Public in and for said
State, personally appeared~---Ro be r t B i 1 Y e u
known to me to be the 9te~d_____~
known to me to be T rea sur er ~~Rtli:ilY
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors,
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City Clerk, City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
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ADDITIONAL STIPULATIONS
FOR AGREEMENT BETWEEN CITY AND
LUTHERN CHURCH OF THE GOOD SHEPHERD
A CALIFORNIA CORPORATION
H306r!GE131'
1. "Owner" shall install a fire hydrant as required by the Fire Chief
of the City of Gi lroy, prior to occupancy of any new dwelling.
2. "0wnerll shall have an approved fi re access prior to occupancy of
any new dwelling.
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EXHIBIT "N1
LUTHERN CHURCH OF THE GOOD SHEPHERD
A CALIFORNIA CORPORATION