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Construct Land Development Improvements - Mussallem Development Corporation sZ.3 NO FEE per GC Sec. 6103 F 114 r~~~ 636 6633'lSS CITY OF GILROY F 114 p~s~ 636 i: a.EO F(IH h (JfW AT REQUEST OF ~~~ jMi 3i 10 13 At1 t80 7390 Rosanna Street, P. 0. Rox 6f Gilroy, California 95020 OFFIOiAL flEOORDS S/.IHt, Ci"AHA COUNTY GEe G[ /" ',udiN REG!:) FuHl F GORDER A.GREEr~pn rw ml~,IER OR HIS SUCCESSORS VI HITEREST TO COnSTRUCT LAND Df.\fElOPtlPIT It1PR()VEr~p~TS ,off Project Identific~tion: AP # 790-21-9 This is an aqreement bebJ~en the CITY OF GIlRny>> hereinafter referre~L to ~s "ei ty", anrt Mussallem Development Corporation herei nafter referred to as I"~'''''('r''. PHEREAS, O"mer desires to subdivide or dr.velop the property described in Exhihit ^ and wishes to defer construction of permanent improvements and City agrees to such deferment provided O",mer aJrees to construct improvements as herein providr.d. ~IO'!, THEREFORE, IT IS AGREED: 1. AGp.EEnEilT SrmPIG O~~ SUCCESSORS n InTEREST This aqreement, toqether with th~ attached stipulations, is an instrument affectinq the title or possession of the real property describ~d in Exhibit A. Ail the t~rms, convenants an~ conditions h~rein imposed shall be binding upon and inure to the henefit of the successors in interest of OVlner. Upon the sale or division of the property described in Exhibit A. the te~s of this agreement shall apply separately to each parcel and the O\'mer of each parcel shall succeed to the ohl i9ations imposed on O'"mpr by this aqreement. 11. STREET AND DRAInAGE n1PROVF.J1HlTS A. City and 0wner aqree that the improvements set forth in this section may be deferr~d because: Complete improvements are not appropriate at this time. F 114 p~~: 637 B. Owner agrees to construct the following improvements on the , property described in Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by. the City Oepartment of Public Horks as generally described below. (Cross out improvements that are not requ ired. ) 1. Curb and gutter 2. Sidewalks 3. Driveways 4. Street gradinQ, base and paving 5. Storm drainage facilities 6. Erosion control plantinQs 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 curh and property line. 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 been, 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 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 he made. III. PERFORMAtlCE 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 anproval prior to commencement of the work described in the notice and to pay city inspection fees. The work shall he done in accordance with city standards in effect at tne 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 I"orks 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 agreem0nt, City may, at its option, do the work and collect all the costs from Owner. Permission to enter onto the -7.- " F 11.4 p~~: 638 I 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 ~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 district, 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, 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 riqhts of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to orovide 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 review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damaoe to adjoininq prooerty. "II. BONDS Prior to approval of improvement plans hy 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 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 acceptable 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 persons or damage to property suffered through any act or orrission, includinq passive neo,ligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub- -3- I"" F 114 r~':: 639 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 7, 1980 ATTEST: CITY OF GilROY Al{4~L.~ ~ Clerk '-))W~t { C i y Attorney I IN WITNESS WHEREOF, Owner ~ ~ a.r....~~ , ,17'J \ APPROVED AS TO FORM has executed this agreement as of ~~j ?Jp';~t.oIJlh~*7 (1~ (This doaume t to be acknowledged with signatures as they appear on deed of title) STATE OF CALI RNIA ) )ss. County of Santa ) California, duly sworn, pe known to me to be executed the within described in and that behalf therein named, and acknow- --.__...._A ..ho C::lmp_ On this nine hundred and of in the year one thousand , before me, Notary Public, City Clerk, City of Gilroy, State of na lly appeared . ~ SS. F 1.14 r~S: 640 ON December~ 1979 b~O:~~~, ~~su~~1tn~~ a Notar~~blic in and for said State, personall~~ppeared STATE OF CALIFORNIA, COUNTY OF Santa Clara CRYSTAL RAFFERTY 1 NOTARY PUBLIC . CALIFORNIA ,J Sonta Clara County My Com-",i~sion ~?ires Ap~.26, ~~I , known to me to be the I II I '1 \ p.!"~.~i(l~ n t____ of the ~ussallem-.Developmpn; rorpnr t' the Corporatlo~ t.hat executed the within Instrument, known to me ~o ~eOt~e' person who executed the within Inst~ument, on behalf of the Corporation, therein named and acknowledged to me that such Corporation executed the same, ' WITNESS my hand and official seal.