Construct Land Development Improvements - Non-Recorded - Kutzer, Harold
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Cny or: GILROY
7390 Rosanna Street, P.O. Box ~6
Gilroy, California
95020
AGREEMENT BY O\1NER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
Project lndentification:
Assessors PprceJ 7qO~7-4
This is an agreement between the CITY OF GILROY, hereinafter referred
to as "City", and
Harold Kutzer
31S Roosevelt Avenue
San Martin. California 95046
hereinafter referred to as "Oltmer".
\'JHEREAS, Ovmer desires to 5tJbtf-i...-itle-f}f' develop 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. AGREEt1H1T 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 tn
Exhibit A the terms of this agreement shall apply separately to each parcel
and the o\ilrner 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 tn 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 and
Farrell Avenue until such time as an assessment district is formed or development
of adjacent properties occur. It is understood that at such time as Monterey 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 owner similarly situated.
City also agrees to defer payment of water, sewerage and drainage fees on
this Parcel until its further developed or re-subdivision.
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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 required by the City Department of Public Horks as
generally described in Exhibit B. (Cross out improvements that are not
required.)
l. Curb and gutter
2. Sidewalks
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.
II. Street signs
12. Relocation of existing fences, si9ns 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 \locks 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 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 . PERFORMAtlCE 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 ~/orks 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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proper ty of O\^mer ::; grant~d to C j ty or I.:3 c;.;,t;';;ctr,r a~; ,n;:': :),?- ilOcessary to
conS truet su::h impro.,fei<'::-;It.S.
IV. JOINT COOPERATIVE PLVI
Owne;- agrees to cooperate upon notic~ by City with oth"r t::rq:crty c,mers,
the City and other public anencies to provide t~E Improvements ~at fort~ herein
under a Joint cooperative plzn including th~ forP"latio:l of a local improv-sment
district. if !hls method Js feasible to secure the rn~ta112tlon an2 construction
of the improvements.
V. RE..\f1 t\~ OF REQU.I REMENTS
If OV'mer disagrees Nith the requirements ~et forth in any notice to
commence installation of impro"""ments he :;ha11, ,,!it;,in 30 dc-ys of the dCi~e
the notice ~va5 mailed, request a revie~'1 of the requirements by the City Cc~mdl.
The decision of the Council shall he binding uoon both City and Owne~.
VI, :lAfNTENANCE OF H1PROVH1ENTS
City 3grees to accept for maintenance those improvement~ specified J~
Section Ii ~hich ~re constructed and co~oletcc in acco~dance with :i~y st8ndards
and requirements dnd 2;-e ;nstalleD within rights of 'w!i'1)' or e~SE,m""nts d~dic3ted
and accepted by resolutioll ')f the City Cound 1.
Ototner agrees to pravi de any necessary temooi-3!'"y dri'31 nag". f()d 1 it; es, ascess
road or other required imD~ovements. to assu~e respon3ibility 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 man~er which
will preclude any hazard to lif~ or he3lth or damaq9 to adjoinin~ pro~erty.
\: II. JONDS
Prior to approval of Improvement plan5 by the City, n~ner may be reQuir~~
to cXccut2 and deliver to the C:W a faithful perfprman..:e bond ana ;j labor and
materia~s bond in an amount an~ form acceptable to City ~o be Nle~s"d 'hy ~he
City Cound} in :.;hole Oi~ in part upon compl€:tion of the \lIOrk r;;Jquin:.d and payr,1ent
of all persons furni$:~inq lCl~)()r and m;)tertai~ In th(~ D€rforMar>ce of t;ie ':.;crk.
V! II . I NSiJRA~!Cr
Own~;. shan m~intab, or shall require any cn:1tractor eOiJaged to [H.:rfuj'm
the work to Ir'2intain, u"( an trOles during the p8rformance of the \'Iork ":?l ~ed
for herein., a "'~p~rnte policy of insur;:"I.::e In ? form and 3tTtOt.nt a.::ceotablt" to
C H:"! .
iX. INDEMNITY
The u'.tr.er <:.:vlll assmr.~ the defer.se and ir,dcmnlfy a"d $2VC natmL'5S U-e
Cit,/, it;; (lfficer5~ a;ents znG ;;:.m?:o.,e~s, from every c){penSZf flab' li...y or
paymenc by rE:asc-,. or hjury l~iw;1uj;ilg death" to re:-SJ,15 or dam3ge t:o pruperty
sUffered throur::t1 any 3ci: or oHl.:::s1on, incllldir.'l passive nc?H~~nc.c C,' .;>-::-i: of
ne(~iiger!ce, or both) of the Owner, his emp1oyees< age.its, (.ortracto,'s, sut.-
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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 Of 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 wrllful
misconduct of the City or its agents, servants or independent contractors who
are directly responsible to the City.
IN IJITNESS \.JHEREOF, City has executed th i s agreement as of
JUN 2 1975
ATTEST:
cd 1
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~d9
City Clerk
APPROVED AS TO FORHl
1tdUr !I~
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City Attorney
CITY OF GILROY
IN WITNESS WHEREOF, Owner has executed this agreement as of
APR ? 1975
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(This document to be ackno~ ledged with signatures as they appear
on deed of title.)
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: The undersigned applicant (s) is the mmer-lessee of. the folloHing
I . legally described property (~ive exact legal description, includL~g
i . lot, block, tract', etc) ~
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CITY OF GILROY PlANNING Ca"'l'1ISSION
APPLICATION J.i'0i.'1 CHANGE Of" ZONE
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ApplJ.catJ..on ;.,.
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Date .2.- 14- ?~
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ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA~CLARAJ STATE
OF CALIFORNIAJ DESCRIBED AS FOLLOWS:
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PORTION OF LOT3~ AS SHOWN UPON THAT CERTAIN MAP ENTITLED~ "MAP OF
JAS. A. CLAYTON & CO. 's SUBDIVISION OF LAS ANIMAS RANCH LOT 31 AND
. A PART OF LAS ANIMAS RANCH LOT NO~ 30"~ WHICH MAP WAS. FILED. FOR
~ RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTACLARA~
~':SrATE OF CALIFORNIA~ ON.JUNE 8J 1926 IN BOOK V OF MAPSJ-Ar-'PAGES 1
'.:A~D 2~ ~NQ:MOREPARTICULARLY DESCRIBED AS FOLLOWS: "
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:'" BEGINNING AT THE POINT OF .INTERSECTION OF THE CENTER LTNEOF"FARRELL
,~.::...AVENUEWITH THE \>/ESTERL Y LINE OF MONTEREY ROAD~' AS THE SAME WAS ES-:-. .:' . .'
,,<~,_. M B LS I HEO .,I,N~THE.,DE E 0 fROM MARH N'W .THE 5 r A TEO F-, CAU,F_"'hI\-y~ R E COR D'E \} ~'-~ i
FEBRUARY 3~' 1941 IN BOOK 1024 OFFICIAL RECORDS, PAGE 107; SANTA CLARA . ~ '
COUNTY RECORDS; AND RUNNING THENCE ALONG THE WESTERLY LINE OF SAID
MONTEREY ROAD~ NORTH 220 20' WEST 100.00 FEET TO A POINT FROM WHICH _,
. THE MOST ~ASTERLY CORNER OF THE TRACT~ AS DESCRIBED IN THE DEED FROM ~
. MARTIN TO r(ROEGER, RECORDED FEBRUARY 3, 1941 IN BOOK 1019 OFFICI AL ' ',.;::'.
RECORDS~PAGE 590} SANTA CLARA COUNTY RECORDS, BEARS SOUTH 220 .20',-;"",;~:_, .'~'
EAST' 17 FEET; THENCE PARALLEL WITH FARRELL AVENUE} SOUTH 670 34'. HESr;<:%"-c.';,::':
.'300.00 FEET; THENCE PARALLEL WI TH MONTEREY ROADJ SOUTH 220 20 ','EA5T.':';~?":.",",~~~~
100~00 FEET;. THENCE ALONG THE CENTER LINE OF FARRELL AVENUEJ'NQRT'H'~:....:;:,~~:::~o:;'-c';;)
6703.4' EAST 300.00 FEET TO THE'POINT OF BEGINNING.}~>;t::il:<'
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