Loading...
Construct Land Development Improvements - Rosario, Richard NO FEE per GC Sec. 6103 7""-:.> -- "-,,,,' ....j :: ~~in<'l,nJ'} 1- Ii ~)I...f'J .. .h." '#4..... CITY OF GILROY ~ 8 \ -I~ 7390 Ros~nna Street, P. O. Box 66 Gilroy. Californid 95020 AGREH1ENT BY OlltlER OR UIS 'iUCCESSORS IN INTEREST TO conSTRUCT LAND DEVElOPrlErlT H1PROVH1HITS . 4 Project Identificat10n:~iessor's Parc~1 841-13-004, 012 & 013 This h 4n aqreefllent betwel~n the CITV OF GILROY. hereinafter referre'J to "5 l'e1 ty". anti Richard R05ario hereinafter referred to 1$ 1I"\o"~p.t'1I. ~'t1ER[AS. O\.mer desires to ~ubdiv1de or develop the property d~scr1bed in Exhibit ^ and w1she~ to defer construction of pennanent improvements and CHy 4l)reeS to ~uch defennent provided Owner _9rees to construct tn~rovements as herein provided. UOII. TIIEREFORE, IT IS AGREED: 1. AGREFJIENT BJfIOI~IG on SUCCESSORS HI INTEREST .. 1" J Thi$ aqrce~nt. toqether with the attached stipulations. t$ an instrtMnent affect1nq the title or possession of the real property described in Exhibit A. All the tenns, convenanU and conditions herein imposed shall he binding ugon and inure to the benefit of the succeSsof$ in interest of ~mer. Upon the sale or division of the property described in Exhibit A. the te~s of this agreement 5hall 4pply ~epordtely to p.dch p4rce'l and the owner of each parc..l $htall succeed to the obli~'4tions 1~o5ed on O\'m{~r by th1$ agreement. 11. STREET Arm DHAIrlAGE WPROVEr1ENTS ~ . .II.... ... A. City and Owner dl)ree that the improv~nents let forth 1n thh section n\dY be 11eferred because: These illlproven,ents are inappropriate at this time. /4:'1') ~' ,fA . ':'~~,)l, ,',. 'of" ,,' ,~-,. (1','& . I ''I' . ., '~~, '~[j"A. .., If) {!-V; ~~... 6i.. '- 'V~~: , ~ -:- --- :. 'r. ~!f , '1" · :.7~;<. . '-l : -/,..:' ~ (~ .~, .... , "" :~ ,'.~ ~., ~ '0 . -:~:5 ~ ~ ::;.n.. ""J :::,U) co' .~ .~. -- .." , .', "'-l B. Own~r agre~5 to construct the followlnq Improvements on the property described In Exhibit A as well as required off site Improvements I n the manner set forth In th i s aqreement: Improvements required by. the City Department of Public Horks as generally described bolm~. (Cros~ out Improvements that are not requ I red. ) t. Cu~ GM-~H&f L. S.W~U"'. .J.. - -tj.f:-~.v4W*Y (0 4.- ~-E r eC! t-"lNt4I11it.,-a.as.e--afHI-- ~~ 5 .---&-wHn-41'dJA~u f ac 11 I t le.s -$.. Efli}s-km.GOA-t~-p-l ant I A'" and fad-W-4-l.6 -]-, f. 1(: C"t:i"&H-eM -%.---untie'~i"6UncJ.--ettndu-H- ~/I th \/1 r 1 A~ itA'" pw 11 bQxtit~ 9. a~rrl,_d~s _nd other Improv8meAtsneeded for tritffl& safety 10. Stf8et tf'-~S-cHHi-et-RefL -Improvements het\lee'" the eu," a",~ .p.roperc;y-U~. /1. S tr...." ..~_ hl-.---kJ~~0A-'>f-ex4-\-1~ f8A~e' ,-tHem.. and-utili c; I tit.. \-;4.. . . P .'/'lltilR t--~""".iH"'&~-a-~itf'e-~~ eftS t5 -a5'-+Ie rermlruiH~ -l:t't t "'8 ~~"'At .of. $lubl"u \..Ief'-k.sof'a'StQl"m dt'-&i1'tt'tfte"O'~~tree-t-4ftlPf'ovcmcnt.; wk-i~-~es--~.--~_..f.-s' t:o--be.-1tflW".eed ..t.l'f"~f'---aA4-~t~, wh8~...~ f~J-1~-~f~-t&~-~~-~e-t"fhe1'f+n f-xh-thJ t A +4-.----ffl#l~~itf'td.lR$PCC t-+on afl~ p I CiA G"'IIl~k hei +;-~ft".t.ary s.tj\14~e he III ties l-4. 1./"'t.r ''tlii tlllm RelllOVe and replace all broken curb, gutter and sidewalk along the property frontage on Hornlein Court. C. When the City Dlrtctor of Public Wotks determines that the reasons for the deferment of the Improvements as set forth In section I I no lonqer exist, he shall notify Owner In writing to commence their Installation and construction. The notice shall he mdl led 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 ~hall 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 th~ cost of the Improvements to be Installed. If Ownt:r 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. PFRFORMAtlCE OF THE \.IORK Owner agrees to perforfl1 the work and make the payments required by City as set forth herein or dS modified by the City Counel I. Owner shall cause olans and specifications for the Improvements to he rrepared by competent persons legally qualified to do the work and to suhmlt said Improvement plans and speciflcation~ for anproval prior to convnencement of the work descrlhed In the notice and to pay city InspectIon fees. The work shall be done In accordance with city st.:Hldards In effect at the time Improvf<:ment nlans are submitted for approval. Owner aqrecs to commence and complete the work within the time specified In the notice given by the Director of Puhllc "orks and to notify the City at least 48 hour~ prior to start of work. In the event Owner falls to construct any Improv~n~nt5 required under this aqreem~nt, City may, at Its option. do the work and collect all tht~ 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 oth~r Frcperty cwners, the City and other public aqencles 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 dlsaqrees with the requIrements set forth In any notice to commence Installation of Improvements he shall, within 30 days of the date the not I ce was ma II ed, reques t a rev' ew of the requ I remen U by the C J ty Coune: II. The decision of the Councl' shall be bInding upon both City and Owner. VI. MAINTENANCE OF IMPROVEMENTS City agrees to accept for maintenance those Improvements specifIed In Section 11 which are constructed and completed In accordance with City standards and requIrements and are Installed within rlQhts of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, aice5S road or other required Improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City aqency for review. if required, and to maintain said improvements and facilities In a manner which will preclude any hazard to life or health or damaqe to adJolnlnq property. '" I. BO~IOS 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 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 materla15 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 polley of Insurance In a form and amount acceptahle to City. I X . I NO E MN IT Y 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 redson of injury "Including deathll to persons or damage to property suffered through any act or 0015510n, Includlnq passive neqllgence or act of negligence, or both, of the Owner, his employees, aqents, contractors, sub- -3- contractors. or anyone directly 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 prernls~s, Including those matter5 arIsing out of the deferment of permanent drainage f~cllltles or the adeq~acy. safety, use or non-use of temporary drainage facilities, the perforrn~nce or non-p~rformance of the work. This provision shall nO t be deemed to requ I rt. the Owner to I ndemn I fy the City 8ga Ins t the 11 ab III ty for damage arising from the sole negligence or wl11ful misconduct of the City or Its agents, servants or Independent contractors who are directly responsible to the CIty. I N WITNESS \IHEREOf, City has executed th Is agreement as of June 15, 1981 ATTEST: C ITY OF GilROY zf12UJ-...J ~ ,dlc;:LL City Clerk ~ APPROVED AS TO FORM IN WITNESS WHEREOF. Owner has executed this agreement as of June 5, 1981 ~~j~<<~:-- (Thi8 document to be acknowledged with 8~nature8 a8 they appear on deed of title) STATE OF CALIFORNIA ) )S5. County of Santa Clara ) On this 5th ddyof June In the year one thousand nine hundred and elghty-one , before me, Susanne [. Steinmetz , a Notary Public. City Clerk, City of Gilroy, State of California, duly sworn, personally appeared Richard P. Rosario known to me to be the oerson described In and that he executed the within Instrument on ~1S behalf therein named, and acknow. ledged to me that he executed the same. IN WITNESS \IHEREOF 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 this certificate first above written. ornla e Sec. 40614. -4- ./ -. 0 R A I L R 0 A 0 N C ,-- e- N 20. w, ;l I L_ eI 72 .r.. Llh~, lJo 01 PARCE L.. 1 0' ,..10 ,N . -<i z I 0 10 .. 10. ~ \0 ,..... l.lU' .n 'It (/) 88 83 C\J S 20. E 8.83 PARCEl. 2 t"-> lO o pi') ~ ~ ~. j o. UJ () . o :1 o r . v' o (j) r-- c z Q) C ~ o I \ ." ,". .... ....:... ..... '..' .'~ :-'. 1. 1- ".-' \.~ ;\", F~.::\ r-.! '..{" ~.~ l~~ F:~. ~'l ." . .. . ; .: \ i o o tl) ~~: ,'t-, ~'..I [. .4 F'~. S' n- ~ f~. o to'- r- l_~-m I CJ'J\ I . r-r-r- --...--. ,........... "'f' r! . :.., :.) 1'./: :,." .~-:\.,-: '.: >~. , ~ .~~ ~.; ; .:,:.. N 58,33 20.00' L '.... w (.:~ t~ ~ 0 0 0 ,..... 0 0 \J) ,.... \J) t1} l'~ r (' (' . ," . Ie..) j : ~~_ B f.~~ :"/'/~: : ".. 80 00 58 33 S. 20. tv\on i' e r-e. 'I 00' E .s tr e e t EXHIBIT A o o 0+_ - Q) - QJ L -1- ( , w o o .L o 4- 0-- ~. ,.... Q) .> 2 aJ U)