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Construct Land Development Improvements - Tellis, Santiago I: 239r~'~ ?4S 32,d ,6264994 J4N J 1i~r,(',.'1 , '7 CITY OF GILROY 7390 Rosanna Street, P. n. Box 66 Gilroy, California 95020 N r: :-va Jl~' f7'I . iJ. j;) !!a l, ." ,"''' """"" IS 11..;.... AGREH~ENT BY Ol.JNER OR HIS SUCCESSORS IN INTEREST TO COnSTRUCT LAND DE\fElOPtlENT mPROVn1nnS Project Identification: 1978 Assessor's Parcel #835-01-010 This is an agreement between the CITY OF GILROY, hereinafter referre.:L to ~s "ei tyll, an1 SANTIAGO TELLIS P. O. BOX 1601 GILROY, CA 95020 herei nafter referred to as I! ~""~(>r" . HHEREAS, O\'mer desires 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. nOll, THEREFORE, IT IS AGREED: 1. AGREEt1ENT BIrmING Oil SUCCESSORS Ir) INTEREST This agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. Ail the terms, convenants and conditions herein imposed shall he binding upon and inure to the benefit of the successors in interest of O\'mer. 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 at.mer of each parcel shall succeed to the obl igations imposed on O,'mer by this agreement. 11. STREET AND DRAINAGE U1PROVEr1HlTS A. City and Owner aqree that the improvements set forth in this section may be deferred because: :n G1 (/) ('1 \"'.1 .~.. 0 Gi c.~ ...::_-:;: ;; :' -:~ z) )) r-' rn 0,) t -" ~. 'P" r :;;:'. --\ rr"\ .....- -;"t C? <:.-c r~""" le.' c: ~;.~: N~ -\ .-. '- ~ ~ ~ ~ ~ ~ ~:::::) oc -n-;;:; C ..;~~ cr rn ~:r} h.O \..~ ..~'\ ~:.. c''::;:. ,..:;.;""'~ c: "J :;0 :4cn ....(. ~ ~ II \71 ~ ~ g:) E 239i'~'GE 749 B. Owner agrees to construct the following imDrovements on the property described in Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by. the City Oepartment of Public Horks as generally described helm;. (Cross out improvements that are not requ ired. ) J 1. Curb and ~utter 2 . S i dewa 1 ks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities 6. Erosion control plantinQs and facilities 7. Electroliers 8. Underground conduit with wirin9 and pull boxes 9. Barricades and other imorovements needed for traffic safety 10. Street trees and other i~provements between the cur~ and property line. 11. Street signs 12. Relocation of existinq fences, sions and utilities 13. Payment of a pro rata share of the costs as determined by the Department of Public \Jorks of a storm drainage or street improvement;; which has been, or is to be, provided by 0wner 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 ti~e. Each owner shall oarticipate on a pro rata basis in the cost of the imorovements to be installed. If Owner is obligated to Day 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. PERFORMMICE 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 nlans are submitted for approval. Owner aqrees to commence and complete the work within the time specified in the notice given by the Di rector of Publ Ie I-Iorks 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 agreemp.nt, City may, at its ootion, do the work and collect all the costs from Owner. Permission to enter onto the -2- E 239r:TJt 750 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. REV I E\.! OF REQU I REMENTS If Owner disa~rees 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 I! which are constructed and completed in accordance with City standards and requirements and are installed within riQhts 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 damaoe to adjoininq prooerty. \f II. 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 .hy 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. lNDEMN \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 oroperty suffered through any act or onlssion, includinq passive neqligence or act of negligence. or both. of the Owner, his employees, agents, contractors, sub- -3- E 239f'!'Gt 751 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. City has executed this agreement as of C ITV OF G I LROV Attorney ! IN WITNESS~HEREOF, Owner has executed thIs agreement as of January 4, 1979 .~ 1 .,. .'/. -- -- 'J -, ~ I ,.,(~~ ( t,... z' /';: -,--,...' ^-', (~ ,,/ Z. ~ (This document to be acknowledged with signatures as they appear on deed of title) ;;!lllllllmHlmllllllll!llmmmlllllllmmllmllllllllllllm"llIlflllllllll~ STATE OF CALIFORNIA ) ~ J[AN~.J!E INEZ ROACH ~ )ss ~ "'Y,''''I,IT,lr.r^'jrr"NIA g County of Santa Clara ). ~ ";/~~,;,' c;';'~'~::):J:~T~ ~ g ,"-/'IY c:cmmi~s;on e>:pirss Nov. 6, 1981 ~ . , -J-.I..., 51l1illliU,hiiliillii:Ullil:lilillllllliillllliiiiiiIIUUlilllliiiiiiiill:illllij~~ On th is 7' " day of ",'" in the yea ne nin~dred and ..4Iu,/' , before me, ,/'4 , - ....-r/'~ , a ~otary Public, ~~t r-kJCI ty 0 CI- Cali orn a, duly swor~~ personally appeared ...",n~' ," .1... '-<) known to me to be ~, ...cD.LA..Q1'~ _ de!'i ribed in and that executed the within instr:lIl\'fent on '7'f::t.:.."J behalf therein named, and acknow- ledged to me that ~ _ executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed the offIcial of the City of Gilroy in the County of Santa Clara the Va and year itJ2n certificate first above written. JA ;,.,~ ~ I .'d;.lc1t'l"<'-t:1 ~~fi_ seal this City Clerk, City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 40814. -4-