Construct Land Development Improvements - Packard, Harold and June - No. 85-33
t- S' C'
Susanne E. telnmetz, lty
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
NO FEE per GC Sec. 6103
S.193.170
Clerk
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AGREEMENT BY OWNER OR illS SUCCESSORS IN INTEREST TO
AV CONSTRUCT LANp DEVELOl'rlENT IMPROVEr-lENTS Nu.
Ident1\~cation: Assessor's Parcel No. 810-29-008
Project
85-33
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This is an agreement between the City of Gilroy, hereinafter
referrt~d to as "City", and Harold J. and June R. Packard
hereinafter referred to as "Owner".
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WIlEREAS, 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 improvement!>
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTER~ST
This agreement, together with the at::ached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A.
/.11 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 tl.e obliga t ions imposed on Owne r by this agreement.
I I. STREET AND DRAINAGE HlI'ROVE~1ENTS
A. City and Owner agree that the improvements set forth in this secti~n
may be deferred because: The improvemen-,::,s to Hesa Road are inapproprlate
at this time. Improvements to Mesa Road will ~e required at the time
of Development of Parcel 2.
B. Owner agrees to ~onstruct the following improvements on or adjacent to
the property described on ~x\::bit A as well as required off site improve;nents
in the manner set forth in :his agreement:
Improvements required by the City Department of Public Works as generally
described below. (Cross out improvements that are not requ:;'recl.)
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Curb and gu t ~er.
Sidewalkt, .
Drive~:a\"s .
Street grading, IJase alld paving.
S-t9F*---tktthtfrg-t-f.l:K-{-l4~~. Catch basin.
Ercsion control/lantinr:, and facllitie~.
h.lr?2tro- I Qr~ 1q
iJJ;.L~'.cr<l,.. :fJF',:Llit \.itll '.'iriLg anJ IHill h-=l'9!;.
Blll.~.C.lid,,-~ al,,:) ather impr0..elRCIlLI1 n~ege8 fer traffir.;: bafQt~.
Strt:I.:I. trees and other improvelllents between the curb anci property
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~tr _ t ~lg[Q~'
I'.t: 16 Ii t i [) n f:ll e His t : fl g fen e Q!;, !; i ~ (' .. ~ ~ J \-d t: ' 1 i t Ln
l.a:/BLllt cf a pn" LAt.. share of the eS8t6 [II: detenRi:,.0.1'l BY the
Depal tmcI1t of I'Ll,.lie 1/6r!l,l of a ~t, rIll dI"Bl..B!,;L I'H ~lr<:, t till! :-aYl::ffiento
whiel. 11,1[:11 e:ell, flY it! tu h, , fn8"~d(,!,1 13)' (\"lI~r ane (l:..il~r~ ,:here -b+-~~4
fBe it~' lJ\Hl,I~L! the rrUp!,ln~' 8~I'iHipQQ in I!:l'1I1\.;lit t.
...hJftT'i iWQf' Aru J"I~'I>11111) :l~ l'lQ r'l' Q ii' fJffwet .a~ t.iIl1~ of flAy~en._.
l:..l1fll.L rirl}: ,1I.j 11..II~E~ti;~r. UII~' l~-..~Il LL~,'.... fL~S.
5 II I -I .. if r :' ~ '1 ~ OJ ~ f ~ ~ ~ 1 i t ~ ~ t; .
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C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in sectiofl 11 no longer
exist, he shall notify Owner in writing to commence their in6tallatioll 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 spC'cified 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.
I II. PERFORHANCE OF THE WORK
Owner agrees to perform the work and make the payment6 required by City
as set forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements to he 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 tinw improvement plans are submitted for
approval. Owner agrees to commence and complete the work within the time
specified in the notice gi ven 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 IMY, at its
option do the work and collect all costs from Owner. Permission to enter onto
the property of Owner is g;:-anted to Ci ty or its contractor as may be necessary
to construct such improvements.
IV JOIrn COOPERATIVE PLAN
Owner agrees to cooperate upon notice by Ci ty 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 REV l EW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in any notice to commence
installatiol: (,~ improvements he sLal1, within 30 days of the date the notice wa, mailed,
request a review 0: the requirements by the City Council. The decision of the Council
shall be binding upon both City and Owner.
VI HAINTENANCE OF IMPROVEHENTS
City agrel:"S to accept for maintenance those improvements specified in Section II
which are constructed and completed in accordullce with City standards and requirements
and are installed within rights ot way or easements dedicated and accepted by re60lution
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 revie~, if required, and to
maintain said improvements and facilities in a manner which will preclude any hazard to
life or health or damage to adjoi'ling property.
VI I BOrmS
f'rior to arrroval of impro\lement plans by tl1e Cit;., Owner may [w re<:\lir(~d to
exC:.cute and del~ver to the Cit'. 8 faithful pl;::-formanu' honc~ and 8 labur ind m?terials
bond in an amount 8!1d form acceptable: to City to b(; released by thc Clty Council in
whole or in part \;pJn cOID'}etion of the wor,,- required and pa;:men':: of all /lersonf
furnishing l<:bor 8<1d material.s in the r.erformallce of the work.
VIII
INSU1U"CE
OW:-:er shctll L.c:. nt~ if', or shall requi re allY contractcr ell'age,' re, perform the war!'.
to maintain, at all timeo c1L;rinv Up; ~)erflHm;!nCe 0:' the w.nk ca':'lec "Jr h2rein, (j
separate polic;' of illsu:-ancL in a ;'orm 8nl1 C'lIluunt accepr:able to ~:ity.
IX INOP!:,LTY
TIle O~'rJc~r tJLn~::' assume the (kf'_IH:lC a."l in,kIDni". (I11(~ ~'dVL l.arll:less Lie City, it""
officc.q. a.'. ilt~ an:. el~I')1()vl-'e8, fru." every expell;,,;, liab~ j f t'J (,( ,'"YI'II;I.t bv ,":3E,u'-l of
ilj~-":-'.' J..nc....Jcl' dt.:;'"..tLo. to per~-'l)11'; or (Li:~;:q~e to ~,1~ ,;)crty nllffcl-I..d L~ ;t)~', L 311\' ;lC'.t ()~.
J 425PAGE 80.2
omission, including passive negligence or act of negligence, or both, of the Own~~. hi~
employees, agents, contractors, sub-contractors, or 8ny one 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 WIlEREOF, Ci ty has executed this agreement as of 5th
August 1985
ATTEST:
CITY OF GILROY
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PROTEMPORE
IN WITNESS WHEREOF, Owner has executed this agreement as of
2nd
August, 1985
(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA C:...ARA )
On this 2nd day of August in the year one thousand nine
hundred and eighty-tive , Notary Public. City Clerk, City of Gilroy,
State of Caliic:-:.ia, duly sworn, personally appeared Harold J. -& June R. Packard
known to me to ., the persons described in and that they
executed tile wi:;,..n instrumLnt on their behalf therein named, and
acknoi.;ledged to me that they executed the same.
IN WITNESS WllSREOF I have hereunto set my hand Slid affixed the official
sea} of dv~ CilY o~ Gilroy ill the COl::lty of Santa Clara th,~ day and year in
this ce:-tif1cate firsL above written.
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C' .L 1.:" l~ y, S t (:t t, eO:
]:8~; Gover:.ment
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J 425 PAGE 833
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EXHIBIT "A"
PACKARD AGREEMENT
85-33