GFB Investments - Church Street Condominium Association
NO FEE PER GC SEC 27383
M 2 3 0 PA GE 2 094 11 398 752 J/~!
FILt..(t'. ;~:- .~, ,.U~<iJ
,Lt . " -
AT REGUC-e OF
C i r ~J h>;:'
JUH 9 I' 52 aM 9l
AEe r=s k/o
RMF J:.El- -
MICRO ;--
RTCF
LIEN
8MPF
1 I PCOPl
~):,r, LttiU[~i':
;:,QS
COlnHY
AFTER RECORDING RETURN TO:
CITY OF GILROY
r^1
Susanne E. Steinmetz,City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Ir
.2233
f<.AHE
INDEMNITY AND RESTORATION AGREEMENT
(WALL OPENING - Clur.RCH STREET
COMMERCIAL CONDOMINIUMS)
THIS AGREEMENT is made and entered into this 31
day of
December
, 19~ by 1) GFB Investments, a partnership
("GFB"), and 2) Church Street Commercial Condominium Association
("ASSOCIATION") .
RECITALS
A. GFB owns two adjacent units (known as suites B
and C, APN 790-36-023 and 790-36-024) in the Church Street
Commercial Condominiums, 8352 Church Street, in the City of Gilroy
("CITY"), separated by a common wall owned by the ASSOCIATION.
B. GFB wishes to have access between the two units
through the common wall, which necessitates an opening in the wall.
C. section 6.1 of "The Code of the city of Gilroy,
California" and resolutions of the Gilroy City council adopt the
Uniform Building Code ("UBC"), to apply within the CITY.
D. Under normal circumstances, the regulations of
Chapter 5 of the UBC prohibit any opening in the common wall.
E. Section 106 of the UBC authorizes the CITY's
building official to grant modifications to the UBC requirements
whenever there are practical difficulties in carrying out UBC
\210\04706065.P50
12-122004706-002:cf
~1-
M 2 3 0 Pl\ GE 2 0 9 5
provisions, provided that the building official first finds all of
the' following:
1. That a special, individual reason makes the
strict letter of the UBC impracticali and
2. That the modification is in conformity with the
intent and purpose of the UBCi and
3. That such modification does not lessen any
fire-protection requirements or any degree of structural integrity.
F. For the CITY building official to make such findings
and to grant a modification allowing an opening in the common wall,
it is necessary that the CITY be:
1. Assured that any opening in the common wall
will be closed, and the wall restored to a solid wall fulfilling
all requirements of the then-current UBC and city Code in the event
that the two units described herein cease to be owned by the same
individual or entity, or occupied by the same individual or entity,
or bothi and
2. Indemnified against any and all potential
claims arising out of the grant of modification or the physical
conditions thereby created.
G.
Article 2,
section 6 of the ASSOCIATION's
Declaration
of
Covenants,
Conditions
and
Restrictions
("Declaration") authorizes the breaching of common walls under
certain circumstances and requires their replacement before any
single unit adjoining the wall can be transferred.
H. It is GFB' s intention to comply fully with the
requirements of the UBC and Article II, section 6 of the
\210\04706065.P50
12-122004706-002:cf
-2-
M230Pt\GE2096
Declaration with respect to openings in walls when, and if, single
ownership or single tenant occupancy of the two units ceases. It
is further GFB's intention to bind all present and future owners
and occupants of said two units to the obligations of this
Agreement. This Agreement shall be recorded in the Office of the
County Recorder of Santa Clara County.
It is acknowledged and
understood by the parties that the CITY also has authority to
enforce the obligations of Article II, section 6 under Article XI,
section 9 of the Declaration.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. CITY To Be Held Harmless:
For valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, GFB and the ASSOCIATION, their
heirs, assigns and successors in interest hereby agree to protect,
defend, indemnify and save harmless the CITY, its City Council, its
officers,
employees,
agents,
representatives,
attorneys and
assigns, from and against all claims, demands, losses, damages,
suits, injury and liability, direct and/or indirect (including any
and all costs and reasonable attorney's fees in providing defense) ,
which may be sustained by or asserted against CITY arising out of
the section 106 modification to the UBC or the physical conditions
thereby created.
2. Insurance Requirements:
GFB and the ASSOCIATION, their heirs, assigns, and
successors in interest hereby each separately agree to obtain and
maintain in effect (or cause to have maintained in effect) at all
\210\04706065.P50
12-122004706-002:cf
-3-
M 2 3 0 PAGE 2 0 91
times during the term of this Agreement single limit comprehensive
general liability insurance coverage in an amount not less than One
Million dollars ($1,000,000) for all personal injury, death, or
loss of property (real and/or personal) damages arising out of the
section 106 modification to the UBC or the physical conditions
thereby created.
Each of the insurance policies shall name the
CITY and others identified in Paragraph 1 above as insureds. The
insurance policies shall be primary and deductible amounts shall
not exceed $5,000.
GFB and the ASSOCIATION shall provide
certifications of Insurance in form and content satisfactory to the
CITY, evidencing all coverages stated above.
Pol icies and/ or
certificates must specifically provide to CITY a thirty-day notice
of cancellation, non-renewal or material change.
3. Conditions For Closinq The Wall:
within thirty (30) days after the occurrence of any of
the conditions set forth below, GFB, its heirs, assigns and
successors in interest shall permanently close the opening in the
wall between suites Band C, 8352 Church Street permitted by the
section 106 modification. The restored wall shall comply with all
provisions of the UBC and the Gilroy City Code applicable at the
time of the occurrence of anyone of the following conditions:
(a) Either GFB, its heirs, assigns, or successors in
interest, or the ASSOCIATION fails to maintain the insurance
required herein; or
(b) suites Band C cease to be owned by a single person
or entity; or
\210\04706065.P50
12-122004706-002:cf
-4-
M 2 3 0 PAGE 2 0 9 8
(c)
The occupant of suites Band C ceases to be a single
tenant.
4. Notice of Chanqed Conditions:
within five (5) days of the occurance of any of the
conditions listed in Paragraph 3, GFB, its heirs, successors, and
assigns shall notify the CITY in writing, explaining how conditions
have changed and detailing arrangements to close the opening in the
common wall.
5. Entire Aqreement: No Alterations of Terms:
This document sets forth the entire agreement of the
parties and supersedes any prior oral or written agreements. No
alteration or variation of the terms of this Agreement shall be
valid unless made in writing and signed by the parties hereto, or
their heirs, assigns, or successors in interest.
6. captions:
captions of the various sections of this Agreement are
for convenience and shall not be considered or referred to in
interpreting the meaning of this Agreement.
7. Aqreement to be Recorded:
This Agreement shall be recorded by CITY in the Office
of the County Recorder of Santa Clara County.
8. Counterparts:
This Agreement may be executed in counterparts.
\\
\\
\210\04706065.P50
12-122004706-002:cf
--5-
. 'i
M Z3 0 1'1\ GE 2099
9.
Notices:
Notices required by this Agreement shall be sent to:
city Administrator
city of Gilroy
7351 Rosanna st.
Gilroy, CA 95020-6141
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
{J tvte VI
()1/1-
(.1_ U
I
~FB I~.}N~
~!yjt-?-:,~jg", (O~)
.tTTLc
(~~/<-IUC
" Ie
~ Y1rr ~
~6 .:Jo~~ I :BJt.d-JIv
1'1 e,. ~."-
C CH STREET COMMERCIAL
CONDOMINIUM ASSOCIATION
-
" "
:~F~
Title E~
APPROVED AS TO FORM:
M~~
City Attorney
...
\210\04706065.P50
12-122004706-002:cf
-6-
. ~~~~.
S f Cal i fornia }
tate 0 CAPACITY CLAIMED BY SIGNER
County of Santa Clara 0 INDIVIDUAL
o CORPORATE
OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o AlTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
12-30-91
On
DATE
before me, Jill Elizabeth Haux, Notary Public
NAME, TITLE OF OFFICER, E.G., . JANE DOE, NOTARY PUBLIC"
personally appeared
John Blaettler and Allen R. Greco
NAME(S) OF SIGNER(S)
e OfFICIAL SEAL
JIJ.. EUlABETH HAUX
NOI'ARY PU8lJC - CALFORNIA
SANTA a.ARA COUNTY
., C'Anmisslon Expires Jan. 15, 1994
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Title or
Number of Pages Date of Docu
Signer(s) Other than Named Above
~~~
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91304-7184
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
State of r."l i fnrn i "
CountyofSanta Clara
12-30-91
On
DATE
}
Jill Elizabeth Haux, Notary Public
before me,
NAME, TITLE OF OFFICER - E.G., . JANE DOE, NOTARY PUBLIC'
personally appeared Keith Hiqqins, Karen Ann Hi~~ins, Joseph A. Filic,
NAME(S) OF SIGNER(S)
D personally known to me . OR . ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(ies), and that by
his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
e OFFICIAL SEAL
- JILL ELIZABETH HAUX
~ARYPUBUC-CAUFORN~
SANTA ClARA COUNTY
My Commission Expires Jan. 15, 1994
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE
OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
o AlTORNEY-IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Witne
ATTENTION NOTARY: Although the information requested below i 10NAl, it co prevent fraudulen attachment of this certificate }oAan u
THIS CERTIFICATE Title or Type of Document / I !f/'Y! ..;- ,A/;.,
MUST BE ATTACHED Number of Pages Date of Doc
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other than Named Above
~
@1992NATIONAl NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184' Canoga Park, CA 91304-7184
'-.1-\ I. ''\Iv. l"I"UVO~ I
TO 1944 CA (9-84)
i
I
III
~
otary Public in .and for I-
, personally known to me or
proved to ~ on the basis of satisfactory evidence to be
the perso~ whose nam~ ClA..J..... ...lsubsc' d t the
within instrument and acknowledged that
cuted the same.
WITNESS my hand nd fficial sea.
~,C':'';'{,')N9N9G~\9i;o\9~\9N9 (C(') ~(,)G:{9N9N9N9N9(
Z; , OFFICIAL SEAL ~
~ \ SAM!A REICHEL ~
~ i NC~i,,:;Y 1~3!1C, CALIFORNIA 8
~-.-J;// SAi'-lL\ CLARA COUNTY j
~ My Commission Ex.pires July 28, 1995 "
a~~~~~GNlG)\IJ';)\IJ~G>';jGWJ"/~GXJG";) N
Signature
(This area for official notarial seal)