Construct Land Development Improvements - Non-Recorded - Lynch, Robert and Kerley, Joe and Elinor
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CITY OF C I LROY
7351 Rosanna Street, P. O. Box 66
Gilroy, California
95020
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS AgTPpment 81-22
Project Identification: ]\sspssor's Parr.pl i790-39-022
This is an agreement between the CITY OF GILROY, hereinafter
referred to as lie I TY", and Rohprt: Lynch and Joe and 'Elinor
Kerley
Here i naf ter referred to as "0wner".
WHEREAS, Owner desired to subdivide or 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:
1. AGREEMENT BINDING ON SUCCESSORS IN 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 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 because: These improvements are ina-
appropriate at this time. The improvements on Hecker Pass
Highway W~ll~bB~required with development of Parcel B or
with the development of the adjacent Parcel to the East,
whichever comes first.
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B. O\.mer agrees to construct the following improvements or. the
property described 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 below. (Cross out improvements that are not
required.)
1. eurb and gutter
2. Sidewalks
3. Driveways
4. Street gr-ading, base and paving.
5. Storm drainage faci lities
6. Erosion control plantings and facil ities
7. Electroliers
8. Underground conduit with wiring and pul I boxes
9. Barricades and other improvements needed for traffic safety
10. Street trees and other improvements between the curb and
property line.
11 Street signs
12. Relocation of existing fences, signs and uti lities.
13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvements
which has been, or is to he, 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 facil ities
16. Water system.
C. When the eity Director of Public Works determines that the reasons for
the deferment of the improvements as set forth in section I I I~ 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. All of 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 facil ity provided by others, the
notice shall include the amount to be paid and the time when payment must be made.
~ll~ 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 Publ ic Works and to notify th
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
property of Owner is granted to City or its contractor as may be necessary to
construct such improvements.
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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 noticewal 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 I I 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 Counci I.
Owner agrees to provide any necessary temporary drainage facil ities, access
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 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 harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury 'Iincluding death" to persons or damage to property
?uffered through any act or omission, including passive negligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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 ~on-use of temporary drainage
facilities, the performance or non-performance of the work.
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This provIsion shall not be deemed to require the Owner to Indenmify the City
against the liabi lity for damage arising from the sole negligence or wi llful
misconduct of the City or its agents, servants or independent contractors who
are directly responsible to the City.
IN WITNESS WHEREOF, eity has executed this agreement as of
October 26, 1981
ATTEST:
I
APPROVED AS TO FORM
CITY OF GI LROY
I N WITNESS
F, Owner has executed this agreement as of /~/? 4/
/ '
(This document to be acknowledged with signatures as they appear on deed of title)
day of in the year one thousand
before me,
,a Notary Public, City Clerk, City of Gilroy,
duly sworn, personally appeared'
described in and that
instrument on behalf therein named, and acknow-
executed the same.
STATE OF CALIFORNIA )
) ss .
~ounty of Santa Clara )
On this
nine hundred and
State o' California,
known to me to be
executed the within
ledged to me that
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate first above written.
City Clerk, City of Gilroy, State of California
per eivil Code Sec. 1181; Government Code Sec. 40814
'fa 1944 CA (8-74)
(Individual)
t
. STATE OF CALIFORNIA
COUNTY OF Santa Clara
October 9, 1981
Robert
On
State, personally appeared
III
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III
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II.
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to be the perso~whose nam~ are
to the within instrument and acknowledged that
executed the same.
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WITNESS my hand and official seal.
Signature
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-_.-(..: L.
WIll E. Robinson
} SS.
IIIT1TlE INSURANce
AND TRUST
A nCOR COMPANY
before me, the undersigned, a Notary Public in and for said
Lynch and Joe B. Kerley ,
, known to me
subscribed
they
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OFFICIAL SEAL
WM f ROBINSON
NOTARY PUBLIC - CALlFO~NIA
SANTA CLARA COUNTY
My camm. expires MAY 17, 1983
7540 ~ 1Mve, t!lflroy, Cl\ 95020
(This area for official notarial seal)
rnACT NO. 4667
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LYNCH AND KERLEY AGREEMENT
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