Construct Land Development Improvements - Woodworth Associates of California
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Cny OF fin.ROV
7390 Rosanna Street, P.O. Box 66
Gilroy, California
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B 745 PAGE 89
5162514
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Assessors Parcels 790-13-3 and 790-14-3 as
Project Indentification: shown on the Assessors Maps dated March, 1974
This is an agreement between the CITY OF GILROY, hereinafter referred
to as "City", and Woodworth Associates of California, Inc.
2160 Fairmont Drive
San Jose, California 95122
hereinafter referred to as "0wner".
WHEREAS, Owner des i res to -s-ubd-i-v1~-or- deve I op 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.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON 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.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth In this section
may be deferred beacuse:
Monterey Street in the area of this land division is not currently improved.
The City has developed a policy for Monterey Street which establishes the extent
and type of improvements which would normally be installed by the developer or
owner adjacent to said land.
City agrees to defer the dedication and improvement of Monterey Street until
such time as an assessment district is formed or development of adjacent properties
occurs. It is understood that at such time as Monterey Street is improved owner
shall have no obligation as a result of this agreement in excess of the burden
on other owners similarly situated.
City also agrees to defer payment of water, sewerage and drainage fees until
development or re-subdivision.
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B 745 PAGr 90
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 required by the City Department of Public ~'orks as
generally described in Exhibit B. (Cross out improvements that are not
required.)
1. Curb and gutter
2. S i dewa 1 ks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinqs and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements between the curb and
property line.
1,. Street signs
12. Relocation of existing fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public Works 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
15. Sanitary sewage facilities
16. Water system
C. When the City Director of Public Wocks 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 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 oarticipate 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 be made.
III . PERFORMAtlCE OF THE \-fORK
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 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 the costs from Owner. Permission to enter onto the
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B 745 PAGE 91
property of Owner is granted to City or its C0;1U-21ci'j!' as me': be necessary to
cons true t such i mproVen'=11 ts .
I V. JO I NT COOPERAT ",[ PlJ\N
Owner agrees to cooperate upon notice by City with other ~rcpcrty c'mlcrs,
the City and other public aqencies to provide the improvements ~et fort:. 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 im~rovements.
V. REVIEW OF REQUIREMENTS
ff OW!1er disagrees \'11 th the requ t rements set forth in any not i ce to
commence installation of improvements he shall, witilin 30 days of the date
the notice was mailed. request a review of the requirements by the City COtlndl.
The dec.l s t on of the Counci 1 sha 11 he bind i ng upon both City and Owne:-- <
VI. MAINTENANCE OF IMPROVEMENTS
City 3grees to accept for maintenance those improvements speclfieo in
Section I! which are constructed and completed in accordance with City st~ndards
and requirements and ~re installed within rights of 'vJay or ec:seiiients dedicated
and accepted by reso 1 ut i on of the City Counci 1 .
Owner agrees to provide any necessary temporary dralnag~ fu0ilities, 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 facilitie~ in a manner ~hich
will preclude any hazard to life or he3lth or dcmaq3 to adJoininn proDerty.
VII. ljO~!DS
Prior to approval of improvement plans by the City, O~1ner mav bt~ require:;;
to axecut~ and deliver to the Cily a faithful performance ~onG and ~ labor cind
materia~s bond in an amount and form acceptable to City to be rFle2s0db~ ~he
City Counct 1 in \'lho 1 e or in par t upon camp let i on of the work requ I red a!,d paYI;,en t
of a J 1 persons fu rn i sh i ng 1 abor and mated a 1 sin the per formance of the ';.;cl"k>
Viii. INSURANCr
Owner shall maintain, or shall require any contractor engaged to oerform
the ....ork to maintain, ut a~l times during the performance of the Nork ..:ailed
for herein,; a separate policy of insura,.,.:e In c; form and amount acceptable to
(; i ty.
IX. INDEMNITY
The Owner s~all aSSUffi8 the defense and ir.demnlfy and ~2Ve narrnl~ss the
City, its officers. 3gents an~ ;;:.mp;o'fezs, from every expense, liabilitY or
payment by re.asor, or injury !!il1':;~ud;i1g death" to r>e:sons or damage to proper"ty
suffered thr'oush any act or oIT1.ision, includinq passive negli(.lence c. -?o:t of
neqllgence, or both, of the Owner, his employees, ageilts, (.or.tractm's, sub-
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B. 745 P:;GE 92
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-oerformance 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
ml sconduct of the City or its agents, servants or I ndependent contractors who "
are directly responsible to the City.
IN 'HTNESS HHEREOF, City has executed th I s agreement as of
ATTEST:
CITY OF GILROY
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Cl-ty Administrator
APPROVED AS:TO FORM
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City Attorney
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IN WITNESS WHEREOF, Owner has executed this agreement as of
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STATE OF CALIFORNIA
County of Santa Clara
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On this 2nd day of June, 197 in the year one thousand nine hundred and seventy-five
before me, SUSANNE E. STEINMETZ, a Notary Public, State of California, per,Q~ally
appeared OLIVER A. WOODWORTH, JR. known to me to be the President of the corporation
described in and that executed the within instrument, and also known to me to be the
person who executed the within instrument on behalf of the corporation therein named
andacknAGwl'edged to me that such corporati on iX@cut@Q th@ iiHR@.
(This document to be ackno~ ledged with signatures as they appear
on de\14 ~fl r.tJ ~ Ie. )
IN ~J1NfS5' WHERtOF I have hereunto set my hand and affixed my official seal in the
Cou~~'y, :0'f"~.,af11~-:C1~ra the day and year in thi s certifi cate fi rst above written.
: ,:.:":: ::. / :. ~ City Clerk, City of Gilroy, County of Santa C1 ara
ft te<Ptf,'~a'i,6rna'.per ~ ec. 40814; CC Sec. 1181.
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