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Construct Land Development Improvements - Mulch, Charles NO FEE ner GC Sec. 6103 6~.){ '9~)80 F 7S():''.GE 312 CITY OF GILROY f 750p-',GE 312 \ 7390 Rosanna Street, P. o. Rox 66 Gilroy, California 95020 . '.... Wi,?~ i. ~,I: {, 1 .~. ;. "j : . C .. '~ t . j I AGREEf.1ENT BY OllNER OR HIS SUCCESSORS IN INTEREST TO COtJSTRUCT lAND DEVElOPt1ENT H1PROV01ENTS I ;_(J',-~ ">< 'DCr~ Project Identification: Assessor's Parc:I #7g0-l5-QI5 This is an agreen~nt between the CITY OF GILROY, hereinafter referrel_to as "City", anti Charles Mulch ~~ . hereinafter referred to as I'"""'~r". HUEREAS, O\oJner desires to subdivide or develop the property d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent improvements and City agrees to such defenment provided Owner agrees to construct improvements as herein provided. UOtI, T\lEREFORE, IT IS AGREED: 1. AGREEtlENT BJrIOI"IG on 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 tenms, convenants and conditions herein imposed shall he binding uQOn and inure to the benefit of the successors in interest of ~mer. Upon the sale or division of the property descri~ed in Exhibit A. the tenns of this agreement shall apply separately to each parcel and the owner of each parcpl shall succeed to the Obligations iP1>osed on a,-mer by this agreement. 11. STREET Arm ORAItIAGE Jr.1PROVft1HITS A. City and Owner agree that the improvements set forth 1n this section may be rleferred becau$e: These improvements are inappropriate at this time. R E t; 6.:) R ~J ~. ~'1 ~~R i~~ ~~~s () FAINT Wi'?ITI:'-lG ORn:::>JrJG OR CARBON COPI::':':; M"'i<;~,; POOR PHOTOGRAPHIC REc::>r,D B. 'Owner agrees to construct the following imorovements on the property described In Exhibit A as well as required off site imorovements in the manner set forth In this agreement: Improvements required by. the City Department of PublIc Horks as generally described below. (Cross out Improvements that ()re not requ I red. ) 1. 2. 3. 4. 5. h. 7. 8. 9. 10. 11. 12. 13. Curb and qutter Sidewalks Driveways Street grading. base and paving Storm drainage facilities Erosion control plantinQs and facilities Electrollers Underground conduit with wirln~ and pull boxes Barricades and other improvements needed for traffic safety Street trees and other improvements between the curh and property line. Street signs Relocation of existinq fences, si~ns and utilities Payment of a pro rata share of the costs as determined hy the Department of Public \/orks of a storm drainage or street Improvement;; which has been, or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A Engineering and Inspection and plan check fees Sanitary sewage facilities . \./ater system F 750;I~Gt 313 14. 15. 16. C. When the City Director of Public Woeks 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 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 be made. III. PERFORMAtlCE OF THE \-IORK 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 Dlans and specifications for the Improvements to be prepared by competent persons legally qualified to do the work and to submit said imorovement plans and specifications for anproval 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 aqrees to commence and complete the work within the time spec if i ed in the not i ce given by the D I rector of Pub I I c "orks and to not i fy the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements required under this agreem~ntt City maYt at Its optiont do the work and collect aI' the costs from Owner. Permission to enter onto the -l- property of Owner is granted to City or Its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN f 750'-~Gt 314 Owner agrees to cooperate upon notice by City with other ~rcperty cwnerst 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 dlstrictt if this method is feasible to secure the installation and construction of the Improvements. V. REVIEW OF REQUIREMENTS If Owner dlsa~rees with the requirements set forth in any notice to commence installation of Improvements he shallt within 30 days of the date the not I ce was ma 11 ed, reques t a revl ew of -the requ i rements by the City Counei 1. The decision of the Council shall be binding upon both City and Owner. V I. MA I NTENANCE OF H1PROVEMWTS City agrees to accept for maintenance those improvements specified In Section I I 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 facilitlest ascess road or other required improvements, to assume responsibility for the proper functioning thereoft to submit plans to the appropriate City aqency for revlewt 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. "". BONDS Prior to approval of improvement plans hy the CitYt 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 malntaint 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. I X. I NDEMN ITV The Owner shall assume the defense and Indemnify and save harmless the CitYt its officers, agents and employees, from every expense, liability or payment by reason of injury !linc1udlng death" to persons or damage to property suffered through any act or emission, includinq passive neqligence or act of negligence, or botht of the Ownert his employeest agentSt contractors, sub- -3- F 750;)~Gr: 315 contractors, or anyone dlrectlY,or Indlr~ctly 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 October 27, 1980 ATTEST: C ITY OF GILROY 'APPROVED AS TO FORM IN WITNESS WHEREOF, Owner has executed this agreement as of 24th Oc:tohpr ,gRO (ibi 41, g,~ I}nw{{iif\ (This dooument to be acknowZedged ~ith signatures as they appear on deed of titZe) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) On this 24th day of October In the year one thousand nine hundred and eighty , before met Susanne E Steinmetz t a Notary Public, City Clerk, City of Gilroy, State of California, duly sworn, personally appeared Charles A. Mulch, Jr. known to me to be the person described In and that he executed the within Instrument on hlS behalf therein named, and acknow- ledged to me that he executed the same. IN W~TNESS 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 th i seartif i cate firs t above written. -4- ~ f 't'50,G( 3~A, I' ~ X'/:;8_4.~8?.'2- V N~ r~V ~:I:;::_~ :_..SITE {._~O:T:~R:Y~T~AC:__~__{J l' ~ 'l1t~:~4?~~~r-'><;"'--' ~~;~ ";'-T-T~' I at r: 24 ~ I 25 : ',' I vi. ! I: : 2f ~'I" - ~~ : 16~: 1? l! PCL2 ~: PCL I -Lt~~l--L--r_-"'L_- . 89 IT I ~ l!l :"'; 1 ,.:' "'.5 LlJ : '" pel A I pel C: --.'j rt : : -1 \ ~ 30: " jl I ~ - I.. I :.J II C>i I 0: - - .!'JJI_ - -~~ ;:\11 . /OJ .2 ~I <t PCL.B 1- 28 - ~I () '" I ~I I ~ 29: 1 : I ... I l I I -,-- -~ ~ RONAN y-..-+ ~_...+ +... 1;1 ;, <7~ ~- ,<<v1'z '{. r 0 'r'--7ti4.!>8'H'~1- ~~;57i'-I~~--'-;"4:6'~-:0i1-- : I .--':' r.:' .. 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