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Construct Land Development Improvements - Tomey, Eleanor J. /1 fit ?~3 NO FEE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6103. 590652~ CITY OF GILROY BOGR () 417 PC 91 FilED FOR ~&Ql#R,' 0 AT REQUEST (IF ~1~ JAW 19 12 4 Ii PH ' 7 8 I 'OFFIOIAL REOORDS i$ANTA CLARA COUNTY /(iEORGE A M/"tlN . RE.GJSTRAR RECORbEfti 7390 Rosanna Street, P. O. Rox 66 Gilroy, California 95020 AGREmENT BY OUtlER OR HI~~~eE~fR1 f~ I~AREST TO CmJSTRUCT LAND DEVELOP~1ENT H1PROVEf'1ENTS f)JJ 790-15--12 Project Identification: This is an agreement between the CITY OF GILROY, hereinafter referre,'l. to ~s "City", anti Eleanor J. Tomev herei nafter referred to as I!OI.V'nerll. HUEREAS, Owner 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. AGREErlENT BJilOING Oil SUCCESSORS Pl 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, convenants and conditions herein imposed shall he 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 o~mer of each parcpl shall succeed to the obligations imposed on 01,'mer by this agreempnt. 11 . STREET AND DRAHlAGE H1PROVEr1ENTS A. City and Owner aqree that the improvements set forth in this section may be deferred because: Improvements are inappropriate at this time B. Owner agrees to construct t:'.e following imorovem;3nts 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 huJ~w, (Cross out improvements that are not requ ired. ) l. 2. 3. 4. 5. 6. 7. 8, 9. 10. ll. 12. 13. Curb and CJutter Sidewalks Driveways Street gradina, base and paving Storm drainage facilities Erosion control plantinqs and facilities Electrol iers Underground conduit with wirin9 and pull boxes Barricades and other imnrovements needed for traffic safety Street trees and other i~provements between the curb and property line. Street siqns Relocation of existinq fences, si9ns and utilities 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 Engineering and inspection and plan check fees Sanitary sewage facilities Water system BOCK D417 PG 92 14. 15, 16. 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, h~ 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 en 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 tiMe. Ea~h owner shall participate on a pro rata basis in the cost of the imorovements 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 he made. III. PERFORMAtlCE OF THE HaRK 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 sp~cifications for the improvements to be pr~pared hy competent persons legally qualified to do the work and to submit said imDrovement plans and specifications for anprcval 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 plans are submitted for aoproval. Owner aqrees to commence and complete the work within the time specified in the notice given by the Director of Public ~~rks and to notify the City at least 48 hours prier to start of work. In the event Owner fai 15 to construct any improvements required under this agreem~nt, City may, at its option, do the work and collect all the costs from O\'lner. Pernission to enter onto the -2- prdPerty of Owner is gr~nted to.City or Its contractor as may be necessary to constl-uc.t such improvemen\:s. BODy) 417 PC 3 Owner agrees to cooperate upon notice by City with other ~rcperty cwners, 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. IV. JOINT COOP~RATIVt PLAN v. REVIEW OF REQUIREMENTS If Owner disaqrees with the requirements set forth In any notice to commence installation of improvements he shall, within 30 days of the date the no~jce was mailed, request a review of the requirements by the City Council. The cle(islon of the Council shall be binding upon both City and Owner. V~. MAH1TENP,NCE O~ IMPROVEMENTS City agl"ees to accept for maintenance those improvements specified in Sectio~ I! which are ccnstructed and completed in accordance with City standards and requirements and are installed within riQhts of way or easements dedicated and eccepted b, ~esolution of the City Council. Owner agrees to provide any necessary temporary drainage facilities, ascess road or other required improvements, to assume responsibility for the prooer functioning thci-eof. to submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilities in a manner which will precluce any hazard to life or health or damaoe to adjoining prcoerty. \III. f::N![''i Pr i or to approva I of i mpro'/ement plans by the City. Owne r may be rcqu ired to execute and deliver to the City a faithful perforMance bond ar.d ~ labor and matel-ia1s bond in an nmount and form acceptable to Citv to be rficA5~rl 'hI th~ City Council in whole or in part upon completion of the work required and payment of all persons furnishing ldbor and materials in the p'~rformance of the work. VIII. INSURANCE Owner shall maintain, or shall require any contractor engaged to perform the work to ~aintain, 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 O\>mei" shall assume the defense ol'd indemnify and save harmless the City. its officers, agents and employees, from every expense, liability or payment by reaSOj'l or injury "including :leathl' to persons or dl'lmage tCl property 5uffereJ through any act or o~ission, includinq passive neqligence or act of negligence, or both, of the Owner, hi'; enployees, age"ts, contractors, sub- BOOK D417 PC 94 contractors, or anyone directly pr 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 WHEREOF, City has executed this agreement as of Janua,ty \3. 19Z8 ATTEST: C lTY OF GILROY .. ---1" ?Ji~~'~ '~~~&$Ju4 ~ C -erk '" "', Mayor //) -,.' ' ,. " ..,/ " ,>,' /'// -/,4, ' " / ' / I " ;u/ (." /(/#d:. City Administrator APPROVED AS TO FORM Ci IN WITNESS WHEREOF, Owner has executed this agreement as of December 21, 1977 r' ('. ( ..... '-( 1-\.." r"\) '" j ..,~c 'l~ ..__,I ~ ! /, " -,.t.) 1\. to ;/'_ (This document to be acknowZedged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) 61- ~ I On this 2/- day of Ui;C.E~ ~U~ In the year one thousand nine hundred and ~~v~.v:to~~~V~;b~iC, C'I ~irri b~~~~;e~f;~l"~~~~T~:;'~~N California, duly sworn, personally appeared ;;:(~If,~"MJ.. 7cJ4I/:1Ar /o-<..t tE'':-t known to me to be described in and that S't, 4"'" executed the within Instrument on behalf therein named, and acknow- ledged to me that SJ-, r executed the same. 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 ~. certificate fi~st above written. ''-.., ( ,'D '(~=-- , State 0 Ca 1i forn i a ~~ 4081 -~-",-/"...../'<-~.~=~~~~.-"'-~w .. OFFICIAL SEAL Fn'}! i\:n FETERf,\/\N NOTj',RY PUOllC - CAUFOR NIA . f n,I :~~.:~,,: ;<:.: ;.~.~.;~ ~'~~; ~':,\\u~'n y ~ ( 1.,/,....1 ,,, ~.y"C, ",..d ID, 191)0 ), ~~;:'-:'~,~k,'~:~""-' .:"""'-~~ . 7S10 Monterey St., Gilroy, CA -9;~~; -4- ~ a ~ "7) ~ v .~ [, -<J. ~ I I. ~I 01 lJJ "'I ~ .,. I ,.. 24 :1l 25 I I ... 1 I ~ . I I I PCl. 2 PCl I I I t 6 PCl A I W '" I '" I ...J "- 30 I ~ I I~ 0::: _ _ ~9..}1_ _ _~:;: <( PCl B 1- 0 I '" I I '" 1 ., 29 I j~' I 89.445 I PM 410-M-15 28 ~"t ,.~z ~ ~ ~ RONAN -<r-' '-+ GG.15 tl: en _..-t I I n,J . ~ (t. ~ (,) \ "" ~.1 2 3 PROP, lIHE a ORIG. t CAAL'l'L( AVE, I~ ~ .. - - PCl A P. M. SITE 790-\t;5-Z6,2S' {-'-)C(FOF'~lY=RLY /90-1l?- !2) ~-~ 104,'lS ~ 10.... ~2> ~ @ NORTH GILROY TRACT ~ Het. 7S 100 ~ ~ --- -?"-.----<( --~ i - ~ ~ I /6 ~I _I l' la, I .' f : -1 4 .' I I I I - -~_ -----------t-----l....75 '-'5..~_ ____ "r I i 14 .!J - 52 ~ 5~ " u , _,60S -b- - '-4- I j 21' 21 ", I PCl B :"2 I ... I 399 - M - 55 10+45 E ~ @ EXH I BIT "A" ELEANOR J. TOMEY AGREEMENT ",I I ~I ~I I I I I 8' 1.~7'i. , +- ... ,"0 \. 6 ... ~ '47,:H ~ .z I lea'l' 6 ~ a. ~ '?) ~ X./~84e5'O ~ ~/9?420 r.14-- -:;-~IMAN- -?-; Ite. ~ ~li5 ~ I. UJ ~ ~ ... ! ," I ! ~ 24 I ~I 01 011 ~1l 25 PCL 2 I I I I I I~ - - ~"}L - --l:i PCL B I- I ' I I I I I w ~ -' t ~ PM. 410-M-15 ~ (..) '" I ~ i"' 30 28 29 99,I~ 69.46 ~ ~ RONAN ~ ...-+ &1", i '.,1 Z ~ .L '" ',~ (f) ~ 1 .1 I~ ~ _..~ 3 : PCL. A , op, LlHE a P. M. In.,. ~IG_ t CAIlLYLE AVE. '0::- ~ (.\ 5ITE'790-ll5-ze>,29 ?30(FO~m=Rl-Y . 7130-1~-12) 104."n ~ ~ 14 @ NORTH GILROY TRACT ~-~ ~ -'- ~_._~ -'--q- -~. .. C> Iri ~ JJ . !f2 n~ I "JsGC~ I wl /6 =1 ,"----- -J----l:-"',L-- , ~~s , I I I I ",I I ~I !I I I I I I041ZS i ~ 11 stt 1'2' .2 8' ~-, ,-+ 75 sa ~ r.:'"" o 27 '21 ,- .', I PCL. B "':"2" . I _.. I 399 - M - 55 @ _,60S &'27~" { + ... lO445i "0 l IU,)i 'i ~ .. 6 ~ .z I Isa,", EXHIBIT "A" ELEANOR J. TOMEY AGREEMENT ~ ~---- It J23 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS Memorandum December 29, 1977 TO: City Administrator F ROH : Director of Public Works RE: Recommendation to Approve a Deffered Improvement Agreement for the Eleanor J. Tomey Property. The owner has submitted a parcel map for separation of her property. Improvements are inappropriate at this time. I recommend approval of the agreement. Da '6 W. Hanse Director of Public Works City Engineer DWH:ep Attachment ~ J-K-- L3- / \~- \ ~~\O>_ So .\./"., ~~ ~~ ,\ - 1 z ", \, \~ c:>:~~' , Z___ ~==T' ~\ , ' ~L__ ~~~--_. . .Ii'~' ~ ''''-T '~ -"a ~ '\ ,'~ f I Il~ \ · ,. M ; J) 6 2' '~~\ \ II ' I ", ' '.. ".\ IPM ""tOL \....--L"l"."..., ' ", ',' ~ II , t"') , .L. \ I .f ~'1~d .A..~.\ 1"'"', lr-' r=~=-I<':. .~~~~...... :1: 1 fl,P..~J.i,JII J "I . 111' 1 ';\tf1-JB "~ c" . .. ~~ ..... to ':0>" ,f", .'~~.~' '. ,..j.. ' '.' ~~-"~ I ~, ''-lI~ ---- ' ",'.:'\\\\\\ - X ~~~., , I , 6,2" ~.1r/ · .'~ ~ LHlJd: · .." \' , i \\ .' , \..~ ~~, I ---- '-,<1111Iillm ,t: : ' . ",' ~. A · 1----4, " . ,,"'" r ,,,~,\. " ' ,,' ", k;.~" ", ...~t\........\' ~ 2 ( 5$ ,.' 0" I ,; ,,:\,: . "'~:".., ',' ,.~, '~/~ "".'\., \ ' , ' "''\.' ',' '7"":".,.,'''" ,'" ", ......:__.....:.......fi;i ,'.' " . r' j. '\, '. " ,~' ,.1 \ ," .~;\ \.:.~ ;\\' \".. '$: '., " l\~ . , --c-/" "'-.1 ' ~ 4r ,,\''x--X\ ~\. '~~ , .~~\ .' .,),. . ,y-~(\\,. \\\ I I*.l~ " ",IP~" ~.u \ ' l~" ".:W '''~\o \) \ ;-1., I r;~ \.14 T R e:l8' " II 1 ~. ~~.. -, ,..,a , 1 rl ~ "'I.~" ,', '\ LIDtt >,\W~ .\J.~ ~). ,,"" rP' , " ' -. ~..A" '~. ~ ~l 'i' .', ". "~ ...(~..... ~ ~:\~e''I.~~'~, ;:;, J ~ F "~~~~~~,~.~ f\ .. i ,,~ ~,~~'. I" 'Y\'. .&\ ~,\; L~~I"\ ~ ~ . \ -~ ~ t::\.~.:L, ~~'(, '\.~*~~\\ ~;~"~ ~\\_-~~ ~~ .~ "~ .\ . VICINITY MAP FOR THE ELEANOR J. TOMEY PROPERTY