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Construct Land Development Improvements - Stekoll Development Corporation --. NO FEE per GC Sec. 6103 7611'(4~ .. Project ldentifica:ion: FI/ ED fU' c', n r' .. -n ;'"'\L':eORD AT REQUEST OF /jAR ~ r,/~~ fif r:f "" I) "^"t, v,, j, ; ; J: ,J,~ ,'.',' t' f,' (, ;~_1 j..... j'," AGREEMENT BY OWNEK OR HIS SU:ebESSORS !iN'-,~wtl~l\EST TO CONSTKUCT LAND DEVELOP.MEWr iIHPROVE:MENTS # 83 - 2 '\ '. ;-. - 'j ~:\ . ~". , \ ;':'f, t>..'{~~ .,i""- CIn or GILROY V '<<. ~ 7351 Rosanna Street Gilroy, California 95020 ~~~ H3BO P!St 56'6 Assessor's Parcel #841-15-G75 This is an agreement between the City of Gilroy, hereinafter rderred to 8S "City", and STF:KOLr. DEVELOPMENT CORPORATION hereinafter referred to 8S "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 Successor in interest) agrees to contitruct improvementti 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 deticribed in Exhibit A. All the terl1lJ:i, convenants and conditions herein imposed tihall be binding upon and inure to the benefit of the successors in interetit of Owner. Upon the sale or division of ~he property described in Exhibit A, the terl1lS of this agrl:!ement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligation8 imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agrl:!e that the improvements set forth in thiti section may be deferred bl:!cl:iuse: these fees and improvements are inappropriate at this time. B. Owner agrees to construct the following improvementti on or adjacent to the property described on Exhibit A a~ well as requir~d off tiite improvementl:l in the manner set forth in this agreement: Improvements required by the City Department of Public Workti a~ generally described below. (Cross out improvements that are not required.) -l., - -~-b- aad- -go.Lt.~", .:J,.. - ~w..l.lw>.. 3. Driveways. ~--~~~e&~~~~~-~a~~Q-~~~. ~ - -~ a~-R.H-6- ..f..~i.J.J..tJ. ..... 6. Erosion control plantings and facilities. .:J... - -..l-e€~ ~1-!-e.li' S r -h- -~. ~~-QGoOQ"'J. ~ -w.L~~ -w.k4~~ -a.I~ ~~1..],,,.,bQ~ ~--~.~Q~-a~~~~~~~~~~~w~~..f~~-~~~~~~ 10. Street trees and other improveml:!nts betwl:!en the curb and property line. 1-1.... - -~~1!.w & --84,.g~.. . ~--~&~~~Q~~46~~-~e~,-..~~-aad-~~~~~6r 13. Payment of a pro rata sharI:! of till:! costs as detl:!rminl:!d by the Department of Public Works of a titorm drainpge or titrl:!et iruprovementti which hal:l been, or is to be, providl:!d by Owner and others wherl:! t:luch f aclli ty benef its the prope rty deticrl bed in Exhibi t A. NOTE: Feeti are payable at the rate in eft ect at t illle of payment. ~--~~e~H~-~~4~..~4~~~~-~kH~~~~..f...~ l-5, - -S'on.,j.~ . ~)I- ~w....~ .f.. ~:l.J.J.~J. ..... ~--~-..)'tK~ar '\ -1- H3BO ptG{56? C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in section 11 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 within which the work shall commence and the time within which the work shall be completed. All of 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 rate 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 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 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 improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works 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 option do the work and collect all 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 other property owners, the City and other public agencies 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 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. 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 any 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 approval of improvement plans by the City, Owner may be required to execute and deliver to the City a faithful performance bond and a labor and materials bond in an amount and form acceptable to City to be released 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 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 -')- H3BO PAGE 568 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, 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 ~IEREOF, City has executed this agreement as of February 22, 1983 ATTEST: CITY OF GILROY APPROVED AS TO FORM , l'i\ J i 1h!({t:t (/i(/!t6'rL CITY ATTORNEY / IN WITNESS WHEREOF, Owner has executed this agreement as of itrzu~/ ~ / '}1" d" I ~~.~e ./ /' .' v,.;v~ .J- . /<: ...... '"-' ~., . .~/~ . ~ ~i~ Jl;~_,'{'hol ;(~" ~ (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On this 1!~/ day or ?~ 1~~'4''''/ in the year one thousand nine hundred and .e'c~~ (2.4"- , Notary Public, C1ty CleY!l, Oily. u[ GiltCly. . , State of Calif"brn a, duly sworn, personally appeare<!~~(rt';?1 /t'5Ie"",//~.,,/j)/dn/1e..$' /:/'7fir/~"<' known to me to be -fAe flJ?;-s "7'15 described in and that fA'c'-<:I executed the within instiument on behalf therein named, and' acknowledged to me that-lAe<..; executed the same. I IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the at! ..f Cf 1 rs-y in the County of Santa Clara the day and year in this certificate first above written. // ,/// {~/- / '. / .' /;; '~/~""/<' .~cc)'&~, _ v "...<"" \,,_ I ~ . {;hJ 8l81"k, City 91 .cllN~, State of per Civil Code Sec. 1181; Government , "i ,~':i'2:~:\;~-'-'~1 } J ,=': t.1>'( . ~13~-';l'_~/~;~~R~-N' I i \,..r t ,...." _ ,. 11-\ A' -" , L;, ~ANI' ClAD I / C ,)J",..s D )_,.,. J'; l'l.A ~ -~ ~'.-rnfJer 2 1983 -, - -~ -- --'~-'- "'~~~~ ^....... ....... ~_ v, California Code Sec. 40814 -3- H3BO p~GE569 , i I '" ,,~ ! ,i~ ~ LuchUSQ ~.!'_~ '% "i -~ ',-; .~ \\"" ',,-_/ <f , 0' Gilroy Sewer IV ~ ,-J e. Form .. ~ ~/ ,. / /""'" \~ .- / / / . R~CO "'4/1y/ ~1f FlD~IlIS OfY C4 fYl/lfy ""e"O '<:>00 fYeO G OfY fY PHO/:'c COPI12S IyPlfyG fY4PHIC 1vt4kl:S fY~CO fYO EXllIBIT A for STEKOLL DEVELOPMENT CORPORATION AGREEMENT