Construct Land Development Improvements - Wolff, Karl
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NO FEE per GC Sec. 6103 .
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65801.1.4
FILED FOR RECORD
E 984 P!SE 472 !- AT REQUES:"O~,,:
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SANTA ClARACQ.w."U.J"I
. .GE,.ORGE A MANN. ~
REGISTRARREC_OJUfEBl
0. Box 66
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CITY OF GILROY
,.\~ 7390 Rosanna Street, P.
Gilroy, California
95020
AGREEr.'FNT BY Ol:JrJER OR HIS SUCCESSORS IN INTEREST TO
CGrISTRUCT LAND DEVELOPflENT H1PROVEr1P,1TS
Parcel IIN' of Parcel Map for SW
corner of Lewis and Railroad Streets
Project Identification:(Assessor's Parcel 841-05-06~)
This is an aqreement between the CITY OF GILROY, hereinafter
referrej', to (\$ "ei ty", anrf
KARL WOLFF
hereinafter referred to as t!"\'.':1~r".
HBEREAS, ONner 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 O~mer agrees
to construct improvements as herein provided.
NO,." THEREFORE, IT IS AGREED:
1. AGREEtlENT BFtDP1G on SUCCESSORS PI HITEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
hp.rein 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 owner of each parcel shall
succeed to the obl igations imposed on Ol,mer by this agreement.
11 . STREET AND DRAINAGE Jt:tPROVEf1ENTS
A. City and Owner agree that the improvements set forth in
this section may be deferred because:
Deferred until further improvement of building presently
located on Parcel I'A'I.
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E 984 r~~:473
B. Owner agrees to construct the following improvements 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 Department of Public Horks as
generally described below. {Cross out improvements that are not
required.} Parking and landscaping (see attached stipulations).
1.
2.
3.
4.
5.
6.
7.
B.
9.
10.
14.
15.
16.
base and paving
boxes
11.
12.
13.
si~ns and utilities
C. When the City Director of Public Woeks determines that the reasons for
the deferment of the improvements as set forth in section II no longer existt
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 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. 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 payment must be made.
III . 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 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 4B 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 the costs from Owner. Permission to enter onto the
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STIPULATIONS
...
Stipulations for Karl Wolff
Deferred Development Agreement of
October 31stt 1979
1. The remaining vacant piece at the northern end of parcel
"A" shall be improved for onsite parking upon any further
improvement of the structures on said parcel "A'I.
2. Any further improvement of said structures on parcel "A'I
shall require a review by the Architecture and Site Control
for possible landscaping to improve the external appearances
of the parcel "A'I buildings.
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E 984 r!SE 475
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property of Owner is granted to City or its contr~ctor 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 JQint 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 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 ri~hts 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 thereoft 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 damao,e to adjoining prooerty.
"II. BONOS
Prior to approval of Improvement plans by the CitYt 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 r,leased '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. 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
Ci ty.
IX. fNDEMN ITV
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 deathll to persons or damage to property
suffered through any act or o"ission, including passive neqligence or act of
negligence, or both, of the Owner, his employees, agents, 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 theCl.ty.
IN WITNESS WHEREOF, City has executed thIs agreement as of
iNovemb(ir 5, 1979
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CITY OF GILROY
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APPROV-EtrAS TO FORM
IN WITNESS
Owner has executed this agreement as of
November 1. 1979
(This document to be acknotA1ledged bJith signatUI'es as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this 1st day of November In the year one thousand
nine hundred and Seventy-Nlne , before me, Susanne
E. Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
CalIfornia, duly sworn, personally appeared Karl R. Wolff
known to me to be the person descrIbed In and that he
executed the wIthin Instrument on hlS behalf therein named, and acknow-
ledged to me that he executed the same.
~~~t~j~NlSS WHEREOF I have hereunto set my hand and affixed the official
1,,'~~lo~,).,~eJl:t~~y of Gilroy in the County of Santa Clara the day and year In
",~,Wfs,$~rt'flt;pte fIrst above written.
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Code Sec. 40814.
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