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Construct Land Development Improvements - Monocrete Pty. Ltd NO FEE per GC Sec. 6103 c;i}J F 7390 Ros_anna Street, P.O. Rox 66 Gilroy, California 95020 431 ~~~1~19 :'". ,>,'. F 431 P~~E?i.~,_:",4frthn"i";:;"-'~'; 'j'- " ',' - . ", , .:' , , :"., I . . .:,r' ~", :>'~/.,1~ . JU[ ,{',~ :~; 1 ;_:; ,: :'; ~ I_~ ~: '. - ',1".' ~" -', , ',') JtJN 1;] REC'[j CITY OF GILROY 0' . .. AGREEf.1ENT BY mJNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPt1ENT IMPROVEr,lHITS ' , Parcel Map Resubdividing PM _41) 'of Map's, page 52 (Brem Lane at MOAray Tile~ A55~~~nr'~ Prl~rpl R41-1h-nR( ~nn ~4) Project Identification: )~ This is an aqreement between the CITY OF GILROY, hereinafter referre~_to as "City", anti Monocrete Pty. Ltd.,-an Austral ian Corporation hereinafter referred to as 1I""''1~r''. HUEREAS, O\<Jner desires to subdivide or develop the property d~scribed in Exhibit A and wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner aarees to construct improvements as herein provided. NOli, TtlEREFORE, IT IS AGREED: 1. AGREEtlENT BIrlOING Of! SUCCESSORS HI INTEREST This agreement, toqether with the attached stipulations, is an instrument affectinq the title or possession of the real property described in Exhibit A. All the terms, convenants and conditions herein imposed shall be binding ugon and inure to the benefit of the successors in interest of ~mer. 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 parcp.l shall succeed to the obligations imposed on O\1ner by this agreement. 11. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner aqree that the improvements set forth in this section may be deferred because: These improvements are inappropriate at this time. B. O\\lne r agrees to cons t ruct the fo 11 0'" i nq i morovements on the property described in Exhibit A as well as required off site imorovements in the manner set forth in this agreement: Improvements reQU i red by. the City Oepartment of Pub 1 i c Horks as F 4.31 r!S: 745 generally described belo~v. (Cross out improvements that iJre not requ ired.) 1. Curb and 9utter 2. Sidewalks 3. Driveways 4. Street gradingt base and paving 5. Storm drainage facilities 6. Erosion control plantinos and facilities 7. Electroliers 8. Underground conduit with wiring and pull boxes 9. Barricades and other improvements needed for traffic safety 10. Street trees and other improvements between the curn and property 1 i ne. 11. Street signs 12. Relocation of existing fences, signs and utilities 13. Payment of a pro rata share of the costs as determined hy the Department of Public "Jorks of a storm drainage or street improvement~; which has beent or is to be, provided by 0wner 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 Oirector of Public WOGks determines that the reasons for the deferment of the imnrovements 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 imorovements 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 and the time when payment must he made. III. PERFORMAtICE OF THE HORK 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 olans and specifications for the improvements to he prepared by competent persons legally qualified to do the work and to suhmit 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 shali he done in accordance with city standards in effect at the 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 Horks and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements reauired under this agreem~ntt City maYt at its optiont do the work and collect all the costs from Owner. Permission to enter onto the -2- property of Owner is granted to City or its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN F 431 r!':: 746 Owner agrees to cooperate upon notice by City with other ~rcperty cwners, the City and other public aqencies 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. REV I EW OF REQU I RE~1ENTS If Owner disa9rees with the requirements set forth in any notice to commence installation of improvements he shallt within 30 days of the date the notice was mailedt 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 rlohts 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 aqency for reviewt if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damaoe to adjoining prooerty. "II. 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 ~ labor and materials bond in an amount and form accePtable to City to be rfleased -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 herein, a separate policy of insurance in a form and amount acceptable to City. IX. INDEMNITY The Owner shall assume the defense and indemnify and save harmless the City, its officerst agents and employees, from every expenset liability or payment by reason of injury !Iincluding death" to persons or damage to oroperty suffered through any act or ooissiont includinq passive negligence or act of negligence, or botht of the Ownert his employees. agentst contractorSt sub- -3- F 431 P!r::747 contractors, or anyone directly or Indirectly employed by either of themt 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 UHEREOF, City has executed tht s agreement as of July 7, 1980 ATTEST: CITY OF GILROY ~~~~ .' City C erk APPROVED AS TO FORM ,,--+J} , (e'~!./",i>~1 I II 'j'I/ \ I / I","." v I !/ / ~- ,"{ CI y Attorney / IN WITNESS WHEREOF, Owner has executed OFFICIAL SEAL LINDA M JOHNSON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY _ _ ___ II~ r~y comm_. expires.D.;;~ Ai /1 11 /'7/( _;"'Y1:.-) \. {.,,t..,./ 1" ! .....-- ~,_. June 10th 1980 (President) (\i 'J/'J fly) ';'-'___1~'~-:Z//tL</') ( . U/I;/1'u' J iii ST n: OF C:\l~~?~;-';L'" / _~ /) J." ,_ ," couxnjoF '- /~:(>;:'1l~/ , {!/ aY 1/ /7'\ lIt/, v~ /J On '>/ _ r::./ / / ! (/ '/. ~- before me, , / the undef'i!!ned. a ;-';otr-i\UbliCJ and f~jt"ajd_County and S.late., per,onally appeared I, 1) (~ Z# ('f ~ 0'/;//-2;:724/ known to me to be the___ Pre"dent, and _.____~. known to me to be } 5S_ '" ~ N FOR NOTARY SEAL OR STAMP > ~ c ~ 2 o (; v __,_.____________Secretarv of the corporatioll that executed the within ] Il~trument. known tr; me to 11{-> thf' pf'r~()n~ ,,,,'ho executed the within In-trulllent on behalf of the corporatIon therein named_ and a('knowlf'd~ed to me that slIch corporation f'x('('uleu the within in-trument pursuant to it_ by-laws or a resolution of it" board of director__ -~ J u <( ()) V l..") fi. :s Ij gOO 0' 7iYh".'( /d ' w / -,/. /)\ / ('-, ) /1 /'/)/J-:/ ) Signat~~nd~ ;1.;/;~h~S' (/ (~ //< /(-~ /c / Name (Typed or Printed I Notary Public in and for said County and itate City Clerkt City of GilroYt State of California per Civil Code Sec. 1181; Government Code Sec. 40814. -4- STIPULATIONS F 431 P~s: 748 1. Dedicate rights-of-way for 351 half street at the north end of Parcel "A'I and Parcel IIBI1. 2. Improve said half street at the time of development of Parcel "BII or when called for by the City. 3. The eucalyptus tree at the north east corner of Parcel "B" will be saved. 4. A 11 fees app 1 i cab 1 e to Parce 1 "B" wi 11 be deferred unt i 1 the development of this parcel.