Construct Land Development Improvements - Piedmont, John and Donna
NO FEE per GC See. 6103 .
H128p!.u239
7510889'
ED ,..,",\:' ;::;,:(,:ORO
~\\. r,-, '. . ..,v
: ;\\ R.E*S6f~' Ire> <t
6.,+'1.. a l' ~M 1~?
\'\G~ J ,,) .(-
CITY OF GILROY
I REe. FEE rm
1.------..-,.... . 3'
I . .
",~;~__'.~.;__._. -"
li-'i L'. , ',1 , '
. -"._~, ~""-"""'''''''';'''''~' .......-.
SMPF J I
()F~I(,\
7351 Rosanna Street, P.O. Box 66
Gilroy, California 95020
H,
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPHENT IMPROVEMENTS
Project Identification: 0.169 Acre Portion of Assessor's Pr.l. #841-07-044
This is 'an agreement between the City of Gilroy, hereinafter
referred to as "City", and Jolm and Donna Piedrront
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
provide4 ~~er (or Successor in interest) agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I.'
AGREE~ffiNT 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 i.rrproverrents on lbgers Lane are inappropriate at
this ti..ne.
),
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 ~nner set forth in this agreement:
Improvements requi red by the City Department of Public \lorks as generally
. described below. (Cross out improvemefits 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 wiring and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. Street trees and other improvements between the curb and property
. 11 ne .
11. Street signs.
12. Relocation of existing fences, signs and utilities.
TT~--"".R-y-me-nr-lft'-4'lfr"cr-raLa:-B'hCIrl!-of-the-'C08t-s-"'i:tS--det-enrrlned--by--t:he
-Departmcftt 8~-~~~_U&~~~_~_&-.~~~~~ina~ ~ itrppt fmprnY~mpnts
wtrl::-eh--htts-~t~!'--Mr-~e-~eT-~Fe>i4:~e~-.ey-~-E--aati--e.t-R&c-G-~-&--&uc h
facilit~~~-~-~pe~eF~~-~eeeF4:~~4~~~~~-~
14. Engineering and inspection and plan check fees.
15. Sanitary sewa~e facilities.
iv;==llAteT-~.
H12B p~CE240
C. When the City Director of Public Works determines that the reasons
.for the deferment of the improve~ents as set forth in section 11 no lon~er
exist, he shall notify Owner in writing to conmence their installation and
construction. The notice shall he 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 th~ work shall be co~pleted. 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 obliga,ted to pay a pro rate share of a cost of a facility provided by others,
the not! t shall include the amount t~ be paid and the time when payment !lUst be made.
.
III. PE ORMANCE OF THE HaRK
I
Owner agr'ees 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 speci~ications for the improvements to be prepared by competent persons
leRally qualified to do the work and to submit said improve~ent 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 comolete 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
construc~ any improve~ents 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 REOUIREtfENTS
If Owner dIsagrees with the requirements set forth in any notice to commence
~nstallation 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 IHPROVEHENTS
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 requi red improvements, to assume responsibility for the proper, functioning
thereof, to submit plans to the appropriate City agf:'ncy for review, if required, and to
maintain said improvements and faciliti~'s in a manner which will preclude any hazard to
life or health or damage to adjoining property.
VII BONOS
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 he released by the City Council in
whole or in part upon cor.lpletion of the wor~ 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 INDEtfNITY
The Owner shall assume the defense and indemnify anrl save harmless the City, its
officers, agents 8nrl employees, from every expense, liahi lity or payrlent hy reason of
injury "including death" to persons or damage to property suffered through any act or
H12B r~GE 241: .
.
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 bv this
agreement, on any part of the prer.tises, inc1udinr. 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 rleer1ed to require the Owner to Indemnifv the City
against the liability for damage arising fror1 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 \lHEREOF, City has executed this agreement as of
.
November 1, 1982
ATTEST:
CITY OF GILROY
APPROVED AS TO FOID!
d)M~t~
/ CITY. CLERK
.
~/',..<l
.'@~f~~(~
.
.
f
v
IN WITNESS llHEREOF, Owner has executed this a~reement as of
C );:: I a (I J._
~r)u. fll b.."\.. iJ J I (J ,-.
'''l
General
/) /f!Q J
J1 / f'} 1/ IMJ'::r Cd<12,' 'hit /
!/#L l7!fi,--r
~ - . -"- -~ --=---t:.:fr_'le)
\
I STATE OF CALIFORNIA
! COUNTY OF' SANTA CLARA
1 On Septem~er 8, 1982
.11 State, personally appeared JOHN pirl'gMONt thae udndeDrsOio,ned a Notary Pubhc
n "miA PIEDMONin
} S5,
H128 P,!CE242
and for said
---------
--------
line
, known to me
PATRICIA K. BENT
Name (Typ d I"
BA"ON PRESS '-0" . e or 'nnted)
M NO.7
OFFI CJ ALS'E;L'="'-J
PATRICIA K BENTSON \
NOTARY PUBliC - CALIFORNIA (
SANTA CLARA COUNTY ,
My c~rnm, expires MAY 15, IS83
. ~~-''''~.~~~d
(SEAL)
Eidal
in
(This area tor official notarial seal)
\
,
t
\
City Clerk, City of Gilroy, State of California
per Civil Code Sec. 118l; Governr1ent Corle Sec. 40814
.
.
.
..
H12B p,~cE243
.
/'
, /'
V
\
\ '
\~ ~
\-;, . ~ .
~\~.
/A
. \
\
\
p----+-j
I 0\
E \ \\'
----
= -- = ==---=== - --
, "
.~. \,
EXHIBIT "A"
John and Donna piedmont Agreement