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Construct Land Development Improvements - Woodworth Associates of California (2) M"-.,< V'\~~. iLL ..~ {)LJ :j2:J..-?? ,'1.. / ? ):V' <!!tty of ~tlroy 4814058 B C05 rAS~ 50 7390 Rosanna Street, P. O. Box 66 GILROY, CALIFORNIA 95020 AGREEHENT BY m.INER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS Parcel Map-Portion of Las Animas Project Identification: Ranch Lots 30 and 32 This is an agreement between the CITY OF GILROY, hereinafter referred to as "City", and WOODWORTH ASSOCIATES OF CA~IFQ~J_~-, INC.. hereinafter referred to as "Owner". WHEREAS, Owner desires to subdivide or develop the property described in Exhibit A and wishes to defer construction of permanent improvemenr~ ?nc. (']t, J:rees to sur.h defer ent provided Owner agrees ,v ,_" -;,,"+ (I, \'0Vements as herein pro (tc: 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, covenants 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 Eyhihit A tt9 rerms nf this aereement shall apnlv s~parately to each parcel ancl. 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 because: Monterey Street in the area of this land division is not currently improved, City is considering the development of a policy for Monterey Street, to establish the extent of improve- ment required for the ultimate development of this portion of roadway and this policy may affect the extent and type of improve- ments which would normally be installed by the developer or owner adjacent to said land division. City agrees to defer the dedication and improvement of Church Street and Farrell Avenue until Parcel Three of said land division is developed or re-subdivided, or until such time as an assessment district for the extension of Church Street northerly of Ronan Avenue is formed. * City agrees to defer payment of water, sewerage and drainage fees on Parcel Three until its development or re-subdivision. J *It is understood that at such time as Church Street and Farrell Avenue are extended or improved owner shall have no obligation as a result of this agreement in excess of the burden on other owners similarly situated. ~m~o ~ ~ l>r= -1- G)oz"'-irn - ::0 -4 ." ro.,) ~G))>C; rv ::0 0 ;UfTlO- ......: f'Il-n :t>>r> N ....... 00 ;u ... > r c: ::r ~~~~. ~ 10 ~ ~ ozoo:g C' ~-' :n c::O - .J ~ :::J ZO .. ~:::. <J> ~ ~ t: () ;3 to~ ~ O~ O~ o c.n (/t -" ~ ;,. . ..... '... iJl o -NO FE.e DEFERRED IMPROVEMENT AGREEMENT -- Page 2 B 005 rAS~ 51 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 Works as generally described on Exhibit B. (Cross out improvements that are not required.) l. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. Sanitary sewage tacilities Water system Curb and gutter Sidewalks Driveways Street grading, base and paving Storm drainage facilities Erosion control plantings and facilities Electroliers Underground conduit with wiring and pull boxes Barricades and other improvements needed for traffic safety Street trees and other improvements between the curb and property line Street signs Relocation of existing fences, signs and utilities 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 i.s to be, provided by Owner and others where such facility benefits the property described in Exhibit A Engineering inspection and plan check fees C. When the City Director of Public Works 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 mA iJed to th.:' c"rrc!~.t o':.'ner or m.mers of the laud as shm.m on the latest adoptt;d 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 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 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 DEFERRED IMPROVEMENT AGREEMENT -- Page 3 B 005 r~.G~ 52 Works and to notify the City at least 48 hours prior to start of work. In the event O~~er 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 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. MAINTENM~CE 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 -l=~......-:l~t-'-ip;" ~~'''''''Q(,,!C' ~r'\!:l.~ k~T'" nt-'h~r .,....0",,;..,..0,1 ;mn"",)"\Tem~~1t-c: Tn ~QC','mQ ......_..._....._.L_..._O, (._.,.., ......_~ ....__...... ~....,. __.....__ --'"1.----.-.- -'-..~~...-"#. ....L_1_._'-') -- -- -_......~ responsibiliLY 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. 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 and indemnify and save harm- less the City, its officers, agents and employees, from every expense, '-'O""-""='=""'''=''''''':''P~~'''''''~W'''-''''~~~~*,-"''-~t:/l'~"''')''fj!4'~!f,r.'~~'l''';:::'-~"Q~'.'-~iC!;,,,:'~G\:iW'i;;;,;u,~a::-':''11-0ZL'c:','~';,-~,:::." . '~""":'.'S,"':;'!.lf:;;,,~'f!r:.,,7:.t'{2."":~:-iiiZ'('~l~'~.,-tS' B 005 r~~E 53 DEFERRED IMPROVEMENT AGREEMENT -- Page 4 liability or payment by reason of injury "including death" to persons or damage ot property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, contractors, subcontractors, or any- one 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 nonuse 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 wilful 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 June , 1974 ATTEST " ""'f';'~' ,s.*'~ 0) 2t~'/ ,. rt nc' CITY OF GILROY / City Clerk ) f ----- , V/~~-; t;;, vnkJ, .__~~~~x APPR VED AS TO FO ',J ~..~'A // ". . / ,.., /, i . ?-{fte tJ. ....:, , ,_.. Mayor , , I Jl. ' ,...~,..> City Administrator ."J ....~............ "," '-" ,_,t _', .- //' ,', -. -' .-,,/ City Attl}:t"ney IN WITNESS WHEREOF, Owner has executed this agreement as of June 1974 WOODWORTH ASSOCIATED OF CALIFORNIA, INC. BY(J2I}._, ~-'--" c;, /.{Jac,ti:~~"t;f/;. President ~U_'- O~~r~S: L~~:;~r~ (This document to be acknowledged with signatures as they appear on deed of title.) STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN . ( \ ss, ON June 26 , 19~, befor~ me, the undersigned, a Notary Public in and for said State, personally appeared Ol~ver A. Woodworth. Jr. and Irene W. Shephard known to me to be the President and Secretary , of the Woodworth Associated of Californa.. Inc. the Corporatio~ t,hat executed the within Instrument, known to me to be the person who executed the wlthm Inst~ument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same, ~' ..\.{If!>........Jr.,...'''.,'~~., ,.-....,~ ,-, ;. '.,. ~,.,1. r.1 >') R [ \ ,;k'-""" . ~ ,.v-",'- ;:':.\ ~ ,'" _'" !.';/-\:,,~r'Oj-<NIA ,,(', ,liJ I, .. ' ) ,I, <. C' . i . ~. .,; I :'~ 0 l .' " i TV : \~ M, '.'~""':"': 0"; O'~'" .~~::4,:1:::4, _~:..~ ~~--,:. ~ ...-~~<(; ,""'; v' , r' WITNESS my hand and official seal. ?) I I 'it' /.''-~(_ 1/"......,' ,/J //1'1' , ; /'~< '- <. t <u./ Notary Public in and for said State, Ar.KNnWI ~nr.M~NT 1""...."......:.... UI_I__.l..I.... __ ...._ _ _ RECORDER'S MEMO FAINT WRITING OR TYPING OR CARBON COPIES MAKIi$ POOR PHOTOGRAPHIC RECORO B (05 rAGE 54 PARCEL ONE BEli'TG all of that certain 3.345 acre parcel ,)f land as shown un RecJrd ,.Jf Survey Map filed for Record in Book 9 of .t1aps at page 18, Records of Santa Clara County, California. PARCEL T\.]O All of Lots 6, 7 and 8 as shown on map enti tIed "Hap of Jas. A. Clayton and C;)' S Subdivision of Las Animas Ranch Lot No. 31 and a part of Las Animas llancho, Lot No. 30, which map is filed for record in Book !'V" of Maps at pages I and 2, Records of Santa Clara County. PARCEL THREEE B~ING a portion of P.anch Lot 32 as shown on Map No.8, acc,)mp- anying the Final Report e)f the H.eferees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the ~tate of California in and Ear the County of Eanta Clara, and being more particularly described as follows: BEGINNING at a point in the northerly line of Ranch Lot 32 distant thereon S.88035'W. 37.47 feet from the northeasterly corner thereof in the southwesterly line .Jf the uriginal Monterey Highvlay, as shown on said map, and running thence along the southwesterly line ,)f the existing Monterey Highway S.22020'E. 483.68 feet to the north- easterly corner of the certain parcel of~nd conveyed to G. H. Steele, et ux, by deed recorded December 8, 1949 in Volume 1888 at page 184, Official Records of Santa Clara County; thence alung the northerly line of said land conveyed to Steele and the westerly pre)longation thereof, being 150.00 feet northerly at right angles from the n'Jrtherly line of Liman Avenue as shown on "t1ap of North Gi lrJY Trac t", wh ich map is fi led for recJrd in Book "';<7" of 11aps at pages 14 and 15, Records of Santa Clara County, S.88035'W. 851.94 feet to the intersection thereof with the northeasterly 1 ine 'Jf Car) "le Avenue as ShO\,,7'1 on said "Mar' ,)f North Gilrt,y ':'ract"; thence alo'lg the northeasterly line of Carlyle Avenue N. 22020 'We 483.68 feet to the intersection thereof with the northerly line of Ranch Lot 32; thence aLmg the northerly line of Ranch Lot 32 N.88035'E. 851.94 feet to the point of beginning. EXCEPTING THEREFROM the northeasterly 35.00 feet)f Parcel 'Two as ccnveyed to the State of California for Highway purposes. EXHIBIT A (NOTE: There is no Exhibit B, since the nature and extent of the improvements to be required on Monterey and Church Streets have yet to be determined by the City.