Construct Land Development Improvements - Ventura, Bill and Loretta
, CllY nF ;,IL.P!W
C 595 PAGE661
55 Aftft98 J :), ':,
. '<J.~iJ '
~~~?:g~t:~[~Jl
Ti:1.~ ~ ~
CfN.FHFf'" f-b. .a.~.. fc,o[l~rr~
~ , ,*,,!' Cellf
~E?R~~, ~~I'!i' tJtl:'~f. I v'
~EHI~tN~\in\t89~PEij
-5549998
7390 Rosanna Street, P.O. Box 66
Gilroy, California
95020
AGREEMENT BY O\J:/ER OR HIS SUCCESSORS IN lUTEREST TO
CONSTRUCT LAND DEVElOPMENT IMPROVEMENTS
Project Identification:
841-07-033
NO fa
This is an agreement between the CITY OF GILROY, hereinafter refe.rred
to as "City", and
Bill and Loretta Ventura
here I nafter referred to as 0I0wnerll.
UHEREAS, 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.
NOV, THEREFORE, IT IS AGREED:
I. AGREEME1H BINDlflG or~ SUCCESSORS IN INTEREST
This agreement 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 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.
11. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the Improvements set forth in this section
}may be deferred because:
Improvements are inappropriate at this time.
Owner agrees to install all improvements at such
time as adjacent properties develop or within
2 years,
4-~' .~"
, ""
C 5!J5 p~Gtfj62
fl. DIY'I,"r' aqre<:,,> to (lm'". trlJ(:[ t~'t' follo\'lin'1 imr1rovements on thf'
property lk'.crifJcd in [xhit,j( fi as 'I\It'II ,'IS refJuired off site imnrovements
I nth I:' illd rlf) e r <; t' t f () r t h i n t:. j '" .) '1 I" t: t' "l\~ n t ~
Imprl)V,'nll'nts r~~qu i rf'J
qeneraJ ly d~'5cribt',f 0.;1",\,.
requi red,)
I /, ,
15,
1 (, .
by [hl~ City I)t'nartment of Pub Ii c "orks as
(Lrch'. Uilt ir:lprovelicnts th:lt ,Ire not
I.
('(Irb and f)IJt[t~r
Sidt'Wdlks
fJrivewaY5
Street qrarlino, base and pavinq
Storm drainaqe faei I ities
Erosion control plantinos and facilities
ElectroJi~rs
Underground conduit with wirinn and pull boxes
qarricades and other imnrovements needed for traffic safety
Street trees and other improvements hetween the curh and
property line.
Street siqns
Relocation of existino fences, sinns and utilities
Payment of a pro rata share of the costs as determined hy the
Department of Puhl ie \/orks of a storm drainaqe or street improvement,
;vhich has h~en, or is to be, provided hy nwner and others where such
facility benefits the property described in Exhibit A
Enqineerinq and inspection dnd plan check fees
Sanitary sewaqe faei' Ities
'-'later SY5U~m
"
..... .
3.
II
I),
f..
7
8,
q,
lei.
RECORDER'S MEMO
"Ai NT WRITING OR TYPI....
OA CARBON COPIES MAKES
IfOOR eHO:rouBABHJC pat".6lAQ
, I .
I? .
13.
C, When the City Oirector of Publ ic Wocks determines that the reasons for
the deferment of the imnrovements as set forth in section I I no lonqer exist,
he shal I notify Owner in writinq to commence their Installation and construction.
The notice shall he mai led to the current Owner nr owne~s of the land as shown
on the latest arlooted county assessm~nt roll. The notice shall descrihe the
work to be done by Owners, the time within which the work shall COfTll'lenCf~ and the
time within which the work shal I be completed. Allor any portion of said im-
provements may be required at a specified time. Each owner shall odrticinate on
d pro rata hasis in the cost of the imorovements to he installed. If rl.mer is
(Ihligated to pay a pro rata ~hare ut a cost of a facility orovided by others, the
r:otice shrill include the amount to be paid ('Ind the time when payment must ~'lf~ made.
II I. PF RFORMAr!Cf nr THE \./nRK
n..HC' d<lre!"s to rx~rforfT) the work and make the pay~nts requi red by ri tv as
forth herein or ~s modified by the City Counci I. Owner shall cause olans
jnd spec:ificatior,s for the Im;1rovements to t)(> flr~pared hy competent persons
it:qally qUell ified to do the \-Klrk and to suhmlt said impruvement plans anri
,necifications for dnproval prior to cOIllOlencement of the work c1escrihed in the
.,)t;ce and to pay city inspection fees. The work shall be done In accordance
lith cit'l sriJI1CJclrd', in (dfect at tf1e time improvement nlans are submitted for
,,)()roval, O\vnp.r aqrf'e~ to ('('"1111<>11''''' (]lId \"(Jf'lplete the work within the time
lceifi"d irl the nut;,,: '1Iv~fI hy tf1e Director of Puhlic Ilorks and to notify tht>
: tv at Ie..., t 48 t'u(Jr~. prier to start of work. In the event Owner fai Is to
",:.,tru<:( 3rt,; ir;rJro"','II'enC:l '''(lUin~rJ under this aqrcem...nt, City may, at its ontion,
'. (tor,: ....,,,j. "".1 c." I,.ct 1111 1.11" costs from Owner. Pt"rmisslon to enter onto the
-) -
C 595 PAGt66:1
property of Owner is qranted to City or its contract(jr as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with oth~r rrcperty cwncrs,
the City and other public aoencies 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 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 anrl Owner.
V I. HA I NTE~lANCE OF I MPRO"H1EtlTS
City agrees to accept for maintenance those improvements specified in
Section I I which are constructed and completed in accordance with City standards
and requirements and are installed within riohts 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 agency for review,
if required, and to maintain said improvements and facilities in a manner which
will preclude any hazard to 1 ife or health or damaoe to adjoininn property.
"II. BO~!DS
Prior to approval of improvement plans hy 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 rfleasedhy the
City Council in whole or in part upon completion of the work required and payment
of all persons furnishinq labor and materials in the performance of the work.
VIII. I NSURAtlCE
Owner shall maintain, or shall require any contractor enqaqed to perform
the work to maintain, ilt all times durinq the performance of the work called
for herein, a separate policy of insurance In a form and amount acceptahle to
City.
I X . I N D [MN IT Y
The Owner shall assume the defense and indemnify and save harmless the
City, its officers, aq~nts and employees, from every expense, liability or
payment by reason ,..f Injury "including death" to persons or damaae to property
suffered throllC'" any act or onission, includinq passive neClli~ence or Act of
neqligencr, or both, of the Ownf"r. his employees, agents, contractors, suh-
-1-
C 595 PAc~664
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.
If! WITNESS WHEREOF, City has executed this agreement as of
February 7, 1977
ATTEST:
C ITV OF GILROY
" G I l Ii
:~ I ,
Mayor
"- . ..~
'.
(''l
/
IN WITNESS WHEREOF, Owner has executed this agreement as of 25th
day of January, 1977
A ~----
, . -/,.- -.'", . ~~_ z- \
/~?,;~, '~~/?C-~,_r;>
( /
.<.,,"
o(~J&
- 4
[) (L{( (/&7; m
(This document to be acknowledged ~ith signatures as they appear on deed of title;
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On th I s 25th day of January in the year one thousand
nine hundred and seventy-seven , before me, Susanne E.
Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared William J. & Loretta V. VentIJra
known to me to be the persons described In and that thev
executed the within Instrument on their behalf therein named, and acknow-
I edged to me that they executed the same.
IN WITNESS \/HEREOF I have hereunto set my hand and affixed the official
seal of t~e City of Gilroy in the County of Santa Clara the day and year In
thi s~e,rtri fii c')!:t).ef i rs t above wrl tten.
'I. '
;~)2td.a~f · :
Chy Cler~yCJty 0
per C i v i, 1't;ode' Sec.
..- -.',
/ _ (71' /;;;:vSll,~l:
ilroy, State of Cq
1181; Government Code
ornla
Sec. 40814.
-4-