Construct Land Development Improvements - Smolen, Joel R. (2)
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Gilroy, CA 95020
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CITY OF GILROY
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND IMPROVEMENTS *82-11
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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
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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.
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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.
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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
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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
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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.
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City Clerk, City of Gi roy, State of
per Civi 1 Code Sec. 1181; Government
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