Construct Land Development Improvements - Ruiz, Tom/Malech, Ray
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NO FEE. In accordance with Government Code Section 6103.
CITY OF GILROY
7390 Rosanna Street, P.O. Rox 66
Gilroy, California
95020
BOCK D 392 ~18f
AGREEMENT BY O\mER OR HIS SUCCESSORS IN INTEREST TO
CDrlSTRUCT lAND DE"ELOprlE~IT Ir1PROVEr~HITS
Project Identification:
9095 Monterey Rd.
This is an agreement between the CITY OF GILROY, hereinafter
referre.:t', to ~s JlCitytl, anrf
Mr. Tom Ruiz and Mr. Ray Malech
herei nafter referred to as Il~'''~~rll.
HHEREAS, O\<Jner des i res to subd i vi de or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
riOlI, THEREFORE, IT IS AGREED:
1. ~GREEr1ENT BI'lDING on SUCCESSORS Pl InTEREST
This agreement, toqether with th'? attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he 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 O\'mer of each parcel shall
succeed to the obligations imposed on O'"mer by this agreement.
11 . STREET AND DRAINAGE If.1PROVEr1ENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
1. Improvements are inappropriate at this time.
2. Owners agree to install said improvements listed in item
B at such time as any adjacent property develops or
improvements ar~ extended to or along their property
frontage. ~
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RtGEORGE A .~A. COUNTY
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BOOKD 392 f'G182
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 Oepartment of Public Horks as
generally described (lelmv. (Cross out improvements that <:1re not
requ I red.)
1. Curb and qutter
2 . S i dewa I ks
3. Driveways
~. Street gradino, base and paving
5. Storm drainage facilities
6. Erosion control plantinos and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other imorovements needed for traffic safety
10. Street trees and other improvements between the curh and
property line.
11. Street signs
12. Relocation of existlnq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public Harks of a storm drainaqe 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
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
C. When the CIty Director of Public Wo~ks 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 oarticipate 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 orovided by others. the
notice shall include the amount to be paid and the time when payment must he made.
II I. 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 be prepared by competent persons
legally qualified to do the work and to submit 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 be done in accordance
with city standards in effect at t~e 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 Harks 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 may. at its ootion,
do the work and collect all the costs from Owner. Per~jsslon to enter onto the
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BOOK D 392 ~183
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. REVI EW OF REQU I REMEtlTS
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 revtew of the requirements by the City Council.
The decision of the Council shall be binding upon both City and Owner.
V I. MAl f'lTENA,NCE OF I HPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section I! 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 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 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 damaoe to adjoininq property.
"". BO~IDS
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 ~ 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. INDEMN \TV
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 onission, including passive neo,ligence or ~ct of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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BOOK 11392 ~184'
. contractors, or anyone dIrectly or indirectly employed by either of them, or
arIsing in any way from the \~rk 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.
I" WITNESS WHEREOF, City has executed this agreement as of
'.
January 3" 1978
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ATTES:r::':':':::",:
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C ITY OF GILROY
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IN WITNESS WHEREOF, Owner has executed this agreement as of December
19, 1977
(This document to be acknO/JJledged tuith signatta'es as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On th i s 19th day of December in the year one thousand
nine hundred and seventy seven , before me, Susanne E.
Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared Thomas H. Ruiz & Ray Malech
known to me to be the persons described in and that they
executed the within instrument on their behalf therein named, and acknow-
ledged to me that they executed the same.
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IN';W'''1ffSS';WIJEIl.EOF I have hereunto set my hand and affl xed the offl cia 1
seaJQ'r:::tb~~ei',~:,~fGilroy in the County of Santa Clara the day and year in
'thi:~~,ce'rtificate~'>f:nrabove wri tten.
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