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Construct Land Development Improvements - Smolen, Joel R. (2) NO FEE per GC Sec. 6103 REC. FEE 1.0 MICRO LIEN NO SMPF ;~;. ;,. 7351 Rosanna Street, P. 0 Gilroy, CA 95020 ;::0 (J) I'n )>'0 ~") ''TI (J"' "'T1 .....l ;"'0 ;t'i :::'j- :1> ., r- )> ;;0"')>' >;;.;J;::u ::0, >m ~JJ:(')o .';:':;';-"'C"JO ;D ;;;;: c: ;;:0 ~~:;;;:~~ :;:0 -< ~~ .." ::u _ ''>, - -I", ,.......; ;CO "'-., N 00 ~.c:;;o ,.f:' ~f"!1..... o f(J) fTi -0 ;:;") "X 0 -... -,;::0 c:D C ......, "'} w w Con .... ~ .... .... r ,: i CITY OF GILROY AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND IMPROVEMENTS *82-11 G 7'1" A iW:= 6" 3' ~ ..G~. 6 project Identification: Tract *7190 This is an agreement between the CITY OF GILROY, hereinafter referred to as "City", and Joel R. Smolen, 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 provided Owner (or his successor in interest) 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 described in Exhibit A. All the terms, covenants 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 improvements and fees are inappropriate at this time. B. Owner agrees to construct the following improvements on the property described on Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by the City Department of Public Works are generally described below. Specific construction requirements are specified in the Contract Documents and Specifications for Las Animas Technology Park Assessment District dated February 1982. 1. Curb and gutter 2. Sidewalks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities 6. Landscape plantings and facilities 7. Electroliers 8. underground conduit with wiring and pull boxes 9. Barricades and other requirements needed for traffic safety. 10. Street trees and other improvements between the curb and property line 11. Street signs l' . G 719 r)~Gt 63'7 12. Payment of a pro rata share of the costs as determined by the Department of Public Works of storm drainage or street improvements which have been or are to be provided by Owner and others where such facility benefits the property described in Exhibi t A. 13. Engineering and inspection and plan check fees. 14. Sanitary sewage facilities 15. Water system. C. When the City Director of Public Works 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 adopted county assessment roll. The notice shall describe the work to be done by owners, the time of commencement, which shall be no sooner than 60 days after said notice is mailed, and the construction time which shall be no less than 180 working days from date of commencement. Allor 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 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 be made. III. PERFORMANCE OF THE WORK Owner agrees to perform the work and make the payments required by the City Council as set forth herein. 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 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 the improvement plans are submitted for approval. Owner agrees to commence and complete the work within 180 working days and to notify the City at least 48 hours prior to the start of work. In the event Owner fails to construct any improvements required under this agreement within the specified time City may, at its option, do the work and collect all 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. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with the City and other public agencies to provide the improvements as set forth in the Contract Documents and Specifications for Las Animas Technology Park Assessment District by formation of a local improvement district. The City has approved the formation of the Las Animas Technology Park Assessment District for this purpose. Upon formation of the assessment district, this agreement shall cease to be of force and effect. V. REVIEW OF REQUIREMENTS If Owner disagrees 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 review of the requirements by the City Council. The decision of the Council shall be binding upon both City and Owner. '", G 719 f)~GE 638 VI. MAINTENANCE OF IMPROVEMENTS 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 and 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 review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. VII. BONDS Prior to the commencement of construction of the improvements Owner may be required to deliver to the City evidence that the bonds required in the Contract Documents and Specifications for the Las Animas Technology Park Assessment District have been obtained by Owner. 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 as follows: Workers' Compensation and Employer's Liability; not less than one million dollars ($1,000,000). Public Liability Insurance and property Damage Insurance; One million dollars ($1,000,000) per occurrence combined single limit coverage. Policy shall cover on an "occurrence" basis. The City shall be an additional named insured. IX. INDEMNITY 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 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 by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use of or failure of temporary drainage facilities, or the performance of or the failure to perform the work. ~ ' , ~ G 719 r)~GE 639 This provIsion shall not be deemed to require the Owner to Indenmify 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 WHEREOF, City has executed this agreement as of April .5, 1982 ATTEST: CITY OF GILROY APPROVED ,AS TO FORM ~~t e1~ City Clerk p IN,WITNESS WHEREOF, Owner has executed this agreement as of 2nd day of April, 1982 (~his document to be acknowZedged with signatures as they appear on 'deed of title) County of Santa Clara ) ) ss. ) J STATE OF CAL I FORN'I A On th is 2nd nine hundred and in the year one thousand , before me, Susanne E. Steinmetz ,a Notary Public, City Clerk, City of Gilroy, State 0"" California, duly sworn, personally appeared Joel R. Smolen known to me to be the person described in and that he executed the within instrument on hlS behalf 'therein named, and acknow- ledged to me that he executed the same. day of eiqhtv-two April IN WITNESS WHEREOF 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. ~0- City Clerk, City of Gi roy, State of per Civi 1 Code Sec. 1181; Government - JI. ....,'.. ~~r.-w i I G7 \\ 19 p'G~6 \\ -t 40'\ ~. \ \ \ \ \ so o II EX , HIBIT A" LAS ANIMAS TECHNOLOGY PARK '/. ~ ~ 1'\ :'!~ ,~ I \\.... ~ , h-l/','" i~ r 97 . . ! " Ii? N l ~l ~ \. \ \ Ronan - - - :::=::=--:::==- - - - ====--======", 1 !,