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Construct Land Development Improvements - Sierra Alder Development ",/'" NO FEE per GC Sec. 6103 6921t;62 F 777 PA~f227 ~ ~f., CITY OF GILROY 7351 Rosanna Street, p, O. Box 66 Gilroy, Califolnia F 777 95020 PAGf227 'p# AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS Project Identification: This is an agreement between the CITY OF GILROY, hereinafter referred to as IICITY1., and______~.erra Alder J?evelopment~=--_ cv Inc Hereinafter referred to as 1I0wnerll. WHEREAS, Owner desired to subdivide or develop the property described in Exhibit A and wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property Jescribed in Exhibit A. All the terms, convenants and conditions herein imposed shal I 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 shal I apply separately to each parcel and the owner of each parcel shal I succeed to the obI igations imposed on Owner.by this agreement. I I. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These improvements are inappropriate at this time. The owner wi I I be required to install full improvements by June, 1982, if an assessment district has not been establ ished for improvements in this area by January, 1982. B. Owner agrees to construct the followlnq Imorovements on the property described In Exhibit A as well as required off site improvements in the manner set forth In this aqreement: I rnprovements requ I red by. the City Department of Pub 11 c Horks as generally described bolo~~. (Cross out Improvements that .Jrc not requ I red. ) l. ..... 2. " 3. Lt. S. yh. 7. 8. 9. v In. 14. v15. ~ 16. F 777 PAGf228 II. 12. 13. Curb and qutter Sidewalks Driveways Street gradlnq. base and paving Storm drainage facilities Erosion control plantlnQs and facilities Electrollers Underground conduit with wlrln~ and pull boxes Barricades and other Improvements needed for traffic saf~ty Street trees and other Improvements between the curb and property I I ne. Street signs Relocation of exlstlnq fences. slons and utilities Payment of a pro rata share of the costs as determined hy the Department of Public \/orks of a storm dralnaqe 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 Enqlneerlng and Inspection and plan check fees Sanitary sewage facilities \-/ater system C. When the City Director of Public Wotks determines that tht~ reasons for the deferment of the Improvements as set forth in section \I no 10llger exist, he shall notify Owner In wrltlnq to commence their Installation and construction. The notice shall be mailed to the current owner or owners of the I.tnd as shown on the latest adooted county assessment roll. The notlep. shall de~crlbe 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 Improvements to be Installed. If Owner is ohllgated to pay a pro rata share of a cost of a facility provided by others, the notice shal I Include the amount to be paid and the time when payment must be 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 plans 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 the time Improvement nlans are submitted for approval. Owner aqrces to commence and COMplete the work within the time specified In the notice qiven by the Director of Puhl Ic \~rks and to notify the City at least 48 hours prior to start of work. In the event Owner falls to construct any improven~nts required under this agreempnt, City may. at Its option. do the work and collect al I the 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. F 777 PAGf229 JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with oth~r ~rcr-erty 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 feaslbl~ 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 I led, reques t a rev I ew of the requ I remen ts by the City Counc 11. 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 I 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 provide 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 damane to adJolnlnq prooerty. \III. BONDS Prior to approval of improvement plans hy the City, Owner may be requlr~d 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 materials In the performance of the work. VIII. INSURAtJCE Owner shall maintain, or shall require any contractor engaqed 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 acceptahle to City. IX. INDEMNITY The Owner shall assume the defense and Indemnify and save harmless the City, Its officers, agents and employees, frlm every expense, liability or payment by reason of Injury "Including death" to persons or damage to property suffered through any act or onlsslon, Includlnq passive neQllqence or act of negligence, or both, of the Owner, his employees, a~el1ts, contractors, sub- -3- F 777 PA~f230 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 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 UHEREOF. City has executed this agreement as of December 1, 1980 ATTEST: ~. '. , . <>b812-- .~ ~~~. ;~~. : ~V...9~:.;f." ' . ..'to C ITY OF GILROY IN WITNESS WHEREOf. Owner has executed thIs agreement as of T)eccr"ll)c.r 1, l:)[';C~\ :::~ 5. C 1'1"' r: ./....1 (: e r' ! i c.~."\ -:' "l r--l (' ":i~_ .I~ /l (.,J ~r~-W ~ "'c~3t\'jil"1':: i~;C\J ll--lC -1' .7.. . /- .. ~ c:"/ / , [1 '" c''-C' .'L- '- ~.,,'{'t- ". ":J .," .. , - ~.~ - ~.~~;/<._ Jr'-~.._- _ (This document to be acknowledged with signatures as they appear on deea of title) STATE OF CALIFORNIA ) hs. County of Santa Clara ) On th Is nine hundred and day of in the year one thousand . before me, Clerk. City of Gilroy. State of , a Notary Public. City California. duly sworn, personally appeared known to me to be executed the within Instrument on ledged to me that descrIbed In and that behalf therein named, and 8cknow- executed the same. IN WITNESS \/HEREOF 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. City Clerk. City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 4o~14. -4- l I ""':;o.'.:~'''''":,,,~:''',<',,o..",..~,,. ",--, (Individual) STATE OF CALIFORNIA COUNTY OF ~):'n t:) C 1 c,rs } 55. F 777 PAcE231 ton' ') C c e (,) be r l. ]. S C<,: L~onc:.l C! before me, the UDdenipecl. a Notary Public in and for Mid , ;()n 11'~(\ P+", r:).. "'on 1"'\':01''\1-:11 /, t-\ State, personally appeared III a: III :a: III .J ~ to be the person l: _ whose name ~3 aT c:~ l- . to the within instrument and acknowledged that t executed the same. \ . known to me 8ubICribed the.. WITNESS my hand and official seal. Signature ~~2( ~/t:'r ~ -<. :A; //L' k~J " j i C l-l~H'_l'"' ~' 'r 1"'\. .:') :-:1 t..:~ ~,~:~ Name (Typed or Printed) OFFICIAL SEAL RICHARD THOMAS NOTARY PUBLIC - CAUFORNIA SANTA CLARA COUNTY My comm. expires DEe 6, 1980 <:;,- ...--' \ . ,'- \ \ \ , \ \ \ '" \ \ \ \ "'. " \ s" \. ") . ( So,.., ------.--- . - C"> J'- 'I /".-' ;// ..- <<.\\ /, -;,.....::.~ --.-....,,~" -... " I I '----~~-~-----~IJ 'II / / I 'J t/) I I I i I I ! I i . III' .; III/ l . \' J J , . -..--" ,- ..,.-- ..-,r.--- . J) (I ~ ,", '... ? " ... ,> '\.,'. , \~ EXHI BIT 'WI I i ~ II ~ ! -.( ~ ~ ~ ~ F 777 PAuf232 , i i ~'q /1/ , " / , / / / J / ,,/ ;1 / ' I . I ~ Vicinity Site Map, Sierra Alder Development Inc. -"-,. -=-t. 'I'll II Ii / ill / ~,'/I '\ / I/j// . / 1'1 " / / II 1// , / I -~.'