Construct Land Development Improvements - Wojahn, Gary
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CITY OF GILROY
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7390 Rosanna Street, P. n. Box 66
Gilroy, California
95020
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AGREn1ENT BY Ot.1NER OR HIS SUCCESSORS IN INTEREST TO
COflSTRUCT LAND DEVELOPHENT H1PROVEf4rr.JTS
Project Identification: ASSESSOR'S PARCEL # 810-28-007
This is an aqreement between the CITY OF GILROY, hereinafter
referre:!', to "5 IICity", anti
GARY WOJAHN
hereinafter referred to as "'l"""I~r".
HUEREAS, O\~ner desires to subdivide or develop the property
described in Exhibit ^ 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. AGREEtlENT BIflOPIG 0;1 SUCCESSORS PI 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 be binding upon and inure to the benefit of the
successors in interest of Ovmer. 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 parcel shall
succeed to the ob'iqations imposed on Ol-mer by this agreement.
11 . STREET AND DRAINAGE H1PROVEr1ENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
Improvements are i~appropriate at this time.
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B. Owner agrees to construct the following imorovements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements requ i red by. the City Oepartment of Pub 1 i c 'Iorks as
generally described hc10w. (Cross out improvements that nre not
requ ired.)
1. Curb and gutter
2. Sidewalks
3. Driveways
4. Street gradina, base and paving
5. Storm drainage facilities
6. Erosion control plantinas and facilities
7. Electroliers
8. Underground conduit with wirin9 and pull boxes
9. Barricades and other imnrovements needed for traffic safety
10. Street trees and other improvements between the curh and
property line.
11. Street signs
12. Relocation of existinq fences, si~n5 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 Owner and others where such
facility benefits the property described in Exhibit A
14. Engineering and inspection and plan check fees
;5. Sanitary sewage facilities
16. Water system
C. When the City Director of Public WOGks 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 cllrrent 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 olrmers. the time with in wh i ch the work sha 11 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. Ear.h owner shall participate on
a pro rata basis in the cost of the improvements to be installed. If nwner 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.
Ill. PERFORMAtICE 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 sp~ciflcations for the Improvements to he prepared hy competent persons
legally qual ified to do the work and to submi t said imnrovement plans and
~pecifications for anprcval prior to commencement of the work described in th~
notice and to pay city inspection fees. The work shall be done in ~ccorddnce
with city standards in effect at t~e time improv~ment plans are submitted for
approval. Owner aqrees to commence and complete the work within the time
s~ecified in the notice given by the Director of Public ~~rks 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 agreem~nt, City may, at its option,
do the work and collect all the costs from Owner. Permission to enter onto the
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property of Owner is granted to City or its contractor as may be necessary to
construct such improvement5.
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. 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 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.
V!. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Sectio~ I! which are constructed and completed in accordance with City standards
and requirements and are installed within riqhts of way or easements dedicated
and eccepted by ~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 proper
functioning thei'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 adjoininq prooerty.
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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
materia1s bond in an amount and form acceptable to City to be r~ leas~rl 'hy th3
City Council in whole or in part upon completion of th~ work required and payment
of all persons furnishing labor 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 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 Clnd indemnify and save harmless the
City, its officers. agents and employees, from every expense. liability or
payment by reason of injury lIincluding death" to persons or damage t~ property
suffercJ through any act or onission, includinq passive neo.ligence or <'lct of
negligence. or both. of the Owner, his employees. a~ents, contractors, sub-
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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 WHEREOF, City has executed this agreement as of
February 20, 1979
ATTEST:
CITY OF GilROY
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IN WITNESS WHEREOF, Owner has executed this agreement as of 2nd
February 1979
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
in the year one thousand
, before me, Susanne E.
Clerk, City of Gilroy, State of
Gary Wojahn
described in and that he
behaif therein named, and acknow-
executed the same.
On this 2nd day of
nine hundred and seventy-nine
Steinmetz , a Notary Public, City
California, duly sworn, personally appeared
known to me to be the person
executed the within instrument on his
ledged to me that he
February
hereunto set my hand and affixed the official
of Santa Clara the day and year in
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