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Construct Land Development Improvements - Kado, John & Alice• ..f at 4426949 I REEME0 Ily OSdNEIl Oil liIS 5UGCRSSOR3 IN INTEREST 0 TO CONS'IT.UCT LAND DEVELOPMENT IMVIiOVEMENTS to FA ° BOOM �87 -MEf 73 a°�°����i� Project Identification: Farrell Avenue File No. 723123.3203 Wes` This is an agreement between the COUNIV OF SANTA CIARA, hereinafter referred to as "County ", and Joiin /e 4g7o �znd .� /rte �Sn��i�:�o_ �a�T•�..s �� 1965 hereinafter referred to as 'Owner." WHEREAS Cwner desires to develop the property described in Exhibit A anA wishes to defer construction of permanent improve- ments and County agrees to such deferment provided Owner agrees to construct improvements as herein provided. Taj2 wFiREFORE, 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 Exhibit A the terms of this agreement shall apply separatelyy to each parcel and the owner of each parcel shall succeed to tiie obligations imposed on Owner by this agreement. Upon annexation to any City,. Owner agrees to fulfill all the terms of this agreement upon demand by such city as though owner had contracted with such city originally. Any annexing city shall have all the ,rights of a third party beneficiary. II. STREET.AND DRAINAGE DIPROVEMENTS' !i. County and Owner agree that-the improvements set forth in this section may be deferred because: The development is in a rural area of the Cbunty. It is not practical to install full street and drainage improvements at this time. o B. Owner agrees to construct the following improvements on the property described in Exhibit A as "wall as required off site improvements in the manner set forth in this agreement: M Improvements required by County Vepkrtment of Public Works and generally described an Exhibit B. (Cross out improvements that are not required.) 1. Curb and gutter 7. Electroliers G 2. Sidewalks 8. Underground conduit with 3. _Driveways_ _ . ... ... ........_..__wiriaig _and _pull .boxes 4. Street grading, base and 9t Barricades and other improve - paving ments.needed for traffic - safety 5'. Storm drainase- facilities 10. Street trees and other improve- ' 6. Erosion control plantings Tents between the curb and and facilities propert line a W CO •�tiTai iii a >m o O ►` Aifp0 s a S� m 'co o CD TO or . ... NOT19E .. . F 1 F-r r oom 185 acE654 11. Relocation of existing fences improvement which has been, or signs and utilities is to be, provided by others 12, payment of a pro rata share of or jointly provided by owner the costs as determined by the and others where such facility Department of Public Works benefits the property described of a storm drainage or street in Exhibit A. C. When the County 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 mailed to the current owner or owners of the land as shown on the latest adopted couety•assessmant 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 or any portion of said improve- ments may be required at a. specified time. Each owner shall par ts - cipate on a pro rAra basis in the cost of the improvements to bd installed. If Owner is obliggated to pay a pro rata share of a cost of a facility provided by othere 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 County as set forth herein or as modified by the Board of Supervisors. 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 county inspection.£ees. The work shall be done in accordance with county standards in effect at the time improvement plans are submitted for approval, owner agrees to dommence and complete the work within the time specified in the notice given by the Director of Public Works ancy to notify the County at 114. s k , In the t 48 hours. prior to start of work event owner`faia to construct any improvements required under this agreement,- County may, at its option, do the work and collect all the costs from Owner. Permission to enter onto the pproperty of owner is granted to County or its contractor As may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN ' Owner agrees to cooperate upon notice by County with other property owners, the County 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 an yy 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 Board of Supervisors of County. 'The decision of this Board shall be binding upon both County and Owner. VI. MAINTENANCE OF IMPROVEMENTS County agrees to accept for maintenance those improvements specified in Section II which are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. -2- ' • f 1 Li} '� �,�n•:�V�- ile!:� ^_ r � _...� .....,.ire ' a I'• !t i1 �! r t Boa 185 wfi-55 VI. MAINTENANCE OF IMPROVEMENTS (Continued) Owner agrees to provide any necessary temporary drainage facilities access road or other required_ improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required and to maintain said -improvements and facilities in a manner whdch will preclude any hazard to life or health or damage to adjoining property. VII. BONDS prior to approval of improvement plans by the County, Owner may be required to execute and deliver to the County a faithful performance bond and a labor and materials bond in an amount and form acceptable to County to be released by the Board of Supervisors 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 County. AC. INDEMNITY The Developer shall assume the defense and indemnify and save harmless the County, its officers, agents and employees, from every expense, liability or payment by reason of injury "including death' to persons or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Developer, his employees, agents, contractors, subcontractors, or anyone directly or indirect y 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 no erformance of of the work. This provision shall not be deemed to reMre the developer to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents servants or independent contractors who are directly responsible to tAe County. IN WITNESS WHEREOF, County has executed this agreement as of JAN UAQy R, IgW_ COUNTY OF SANTA CIARA rec Cor, Department of public Works IN WITNESS WHEREOF, Owner has executed this agreement as of .LLECGM1R6-R- l3� JQ7� , (This document to be acknowledged with signatures as they appear on deed of title.) APPROVED AS TO FORM: 11/12/69 U.165 -3- �. i ' a r STATE OF,LCIII IF(fRN1A BARBARA A. HECKERT • .40" NOTARY PUBLIC — Cwmryoj_,�/F. a ""TS C_iRA My Catrmitdaa kmh'.Oct.9,1974 Oa fhG_ of �� the ymr fhoueaed - hundredo — eforemr,. o A etary Pa6ltr, St o Cefifo (fir, di idfwoeoda� 1awRyo jYa_ C C Anoen ro me 1. hr 11, pa m.Ai W-r rtan _ !d 1a 16e ai1hm ia.rinuatey. ad- k- 4rdord to our lhaf_611z.�[_r culmd(fumov. i ! V 1V(TNP.,SS CVREnoP f havr'h unb t siq an aad od7re! mt' - Baiarxdf fa 9(t , /di Co�wfq o% he doy and lnt ' tifiaue m year .r(a(foo ltai - Nofa y Public, Sfo(e of CuBfoada. dlq Com Wft.ffrprr W . Ca.denrs Rnn.�'e. S4— <Ae7maat -�— -. ^_„eras Q C. s- [.w> o uaiea ,ns.eu .,..m ' 1 c • � e ' 9 tea.. • O • ' a • .40" I �- / ,::7' ra. t'.iaTi;.;.:•'`',r- T.st,•�..+4 z. -.y?' Via. -Y�.'� 111111 Y rr1- : •.::.a'r'm �� �•�` -... .:.. '.j EXHIBIT A Rom 185 wir)57 All those certain parcels of land described in those Grant Deeds to John R. and Alice Sachiko Rado recorded in Book 2971 official Records, page 44 and 2910 Official Records, page 281 Office of the Recorder, County of Santa Clara, State of California Excepting therefrom those certain parcels pf land described in that Grant Deed to Pan Tempo Properties recorded in Book 6238 Official Rroords, page 687 and in Grant Deed to Santa Clara County Flood Control and Water District recorded is Book 9626 Official Records, pagge 565, Office of the Recorder, County of Santa Clara, State of California, ii ,!. 14b... ��(y�..1.. : :i` -:: j�3 j: �'y .:. }.t..: :.: ,'. �, .. 'ea ... .. ,. •,i}; ....v :J�hS�'i•f�'�' ��4 yyy�y :fiaeF �...s` _ —� :. __ .. a .. -- rct; i'�AU. �qfw :�YS.. •..e ii +A9'Xi`Y4.. - r i I tit TYPICAL STRtaa• SECTION 110 scale EXHIBIT 'B'• • 1�cI ►_cai �� uarrn:rrttr.Ilr i, {,r�;:ct's =NT '`.nt iS ri.�� -.'�' 1Y ! `p, i :. vim: .'.��.r1:r �.4•:.. ...., n %1,•i�a;Si,Y.:w,'c9+iSB'r"�Tw • O. 1�+ .r ...... PLAN VIEW, w�unwORTwin `. aj _ i - no sea to irrc _e O POOR .. 'N�GCO: -� ADVISM BL1f. STAf65 ' p1OR' ',eA,ltuest �coxbtrtc .ESSC�t4s INSTALL STANDARD' COUNTY IMPROVEMENTS AS NOTED ` IN SECTION' NO. 31 _ :. 1 TYPICAL STRtaa• SECTION 110 scale EXHIBIT 'B'• • 1�cI ►_cai �� uarrn:rrttr.Ilr i, {,r�;:ct's =NT '`.nt iS ri.�� -.'�' 1Y ! `p, i :. vim: .'.��.r1:r �.4•:.. ...., n %1,•i�a;Si,Y.:w,'c9+iSB'r"�Tw