Construct Land Development Improvements - Wheeler Housing Corp
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AT REQUEST OF
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k .~U~4nne E. Steinmetzt
City of Gilroy
7351 Rosanna Street
GilroYt CA 95020
City Cler
CITY OF GILROY
7351 Rosanna S~ree~
Gilroy, California 95020
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LA.URiE ~.
'If.COROER
AGRBEMBNT BY OWNllR OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DBVlllLOPMENT IHPROVBMENTS No. 91-30
651 SIXTH STREET, WHEELER SENIOR PROJECT
Projeot Identifioation.
This is an agreemen~ between ~he Ci~y of Gilroy, hereinafter referred
to as."Ci~y", and WHEELER HOUSING CORPORATION
hereinafter referred to as "owner".
WHERBAS, owner of ~he proper~y described in Exhibi~ A, wishes ~o defer
cons~ruo~ion of perm~nen~ improvemen~s" and Ci~y agrees. ~o such defermen~
provided owner (or successor in in~eres~) agrees ~oconst:ruct improvemen~s
as herein provided.
NOW, THEREFORE, IT IS AGREED.
I. AGREEMBNT BINDING ON SUCCESSORS IN INTERBST
This agreement, together with the attached stipulations, is an
ins~rument affec~ing the title or possession of ~he real proper~y described
in Exhibi~ A. All ~he ~erms, covenants and condi~ions herein imposed shall
be binding upon and inure ~o ~he benefi~ of ~he successors in in~eres~ of
owner. upon ~he sale or division of ~he proper~y described in BxhibitA,
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
~his agreemen~.
I I . STREET AND DRAINAGE IHPROVBMBNTS
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A. Ci~y and OWner agree ~hat the improvements set forth in ttiis
sec~ion may be deferred because.
These Improvements are not appropriate at this time.
B. OWner agrees to construct the improvements as described in the
attached stipulations on or adjacent to the property described on Bxhibit A
as well as required off site improvements in the manner set forth in this
agreement. The improvements listed are understood to be the minimum
requirements forseen at this time. Improvements shall include all items
necessary to provide a complete operational faoility inoluding all
appurtenances in conformance with curren~ City standards in effect at the
time of construction.
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in Section II - STREET
AND DRAINAGE IMPROVEMBNTS 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 a.....m.nt roll. The notice shall de.cribe 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 rata share of a cost of a facility provided by
others, the notice shall include the amount to be paid and the time when
paymen~ must be made.
I II . 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
If.
11 I 3 I PA GE , 699
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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. INSU~l!Q.~
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 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.
"
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HI3IP~GE'700
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 of its agents, servants or independent
contractors who are directly responsible to the City.
IN w:rrwfss WHEREOF t City has executed this agreement as of October 7, 1991
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'~.,'A:Pjr;: TO FORM:
~~y~
Linda Callon
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IN WITNESS WHEREOF Owner has executed this agreement as of February 13, 1992
Marie W. Juncker, Executive Director
J. Allen Hayes, Treasurer
South County Housing Inc.
(This document to be acknowledged with signatures as they appear on deed of
title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this day of , _....' in the year one thousand nin~
hundred and . _ _ t Notary ~liCt City Clerkt City of Gilroy t
State of Californi'a t dl,lly sworn personally appeared,-~ _~ _. :-='--j-
known to me to be. _~ described in and that _~_,~
executed the within instrument onl behalf therein namedt and
acknowledged to me that __./ executed the same.
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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.
City Clerk, City of Gilroy, State or
per Civil Code Sec. 1181; Government
California
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STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
On me,
a Notary Public in and for said State,
personally ker
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument. r;~~
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WITNESS . . OFFICIAL S~~C\Ql
! N SAMIA REICHEL
J OrARY PUBLIC
. - . SANTA' CALIFORNIA
Signed J My Commission . CLARA COUNTY
~~Q<cJQ<cJQ<cJQ<cJ~xP.lres July 28, 1995
Q<cJQ<cJQ<cJ~~~~
THIS CERTIFICATE MUST BE ATTA THE DOCUMENT DESCRIBED AS:
Title or type Of_ ~ment
No. of Pages ~~
n~
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On ~-13-7~
before me,
r J.L-. ~ ~~ry
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Public in and for said State,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instr nt.
WITNESS my
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~ClC9Gl(9tl(!lClC9~~~~~~~~~(
~ . _, OFFICIAL SEAL ~
Il . ,;~ \ SAMIA REICHEL ~
~ 'NOTARY PUBLIC. CALIFORNIA ~
~ SANTA CLARA COUNTY j
~ My. Com. mission Expires July 28, 1995
1~~~~~~~~~~~~~(i)IQ .
Signed
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AS:
Tit1="o:_~~~e of~ument _~/_ h; IJll1.ILU' {Jr~ m ~d-
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VICINITY SITE MAP
Exhibit A, No. 91-30
Wheeler Senior Center
APN 799-018-001
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EXHIBIT B
STIPULATIONS TO DEFERRED AGREEMENT TO CONSTRUCT IHPROVEMENTS
NO. 91-30
WHEELER HOUSING CORPORATION
Improvements required by the city Department of Public Works are as
described below:
The Northeast curve return at the intersection of Princevalle Streets
and Sixth Street is to be changed to meet the following requirements:
1. Construct new concrete curb, gutter and sidewalk around
the new curve return per City of Gilroy Standard
Specifications. The radius to the new face of curb is
to be 31 feet.
2. Replace the two handicap ramps with one in the center
of the curve return per city Standards.
3. Existing catch basin at the center of the existing
curve return s to be abandoned and relocated to the
curve return point on Sixth Street. The new storm
pipe shall be 15 inch RCP per City Standards.
4. Any tree which conflicts with this new construction
shall be removed. A Gilroy Parks & Recreation tree
removal permit is to be filled out the approved before
any tree removal.
5. Repair all street A.C. sections with the same section
as was removed.
6. Relocate any signs or utilities which have to be moved
due to the construction of the new return.
7. Pay the engineering, inspection and plan check fees.
8. Post a bond in the amount of 150% of the construction
in the street right-of-way.
9. Fulfill all City insurance and permit requirements.
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Dated