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HomeMy WebLinkAboutConstruct Land Development Improvements - South Valley Intercommunity Hospital - No. 87-21 ~s;.sann~ E. Steinmetz, City Clerl . City of Gilroy 73<:;1" Rosanna St. Gilroy, CA 95020 ~o FEE per GC See 6103 ~ tt. D. 9269f):~8 FlLEO PUf: i i'::cr)RO (j c~~'~l c; { Gf L t1..0 ~ HAY 27 I 39 ~H '87 7351 Rosanna Street Gilroy. California 95U20 AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. 87-21 r '--.;-. .t. ~ '''>:-;rir;s ~ ,~r( Project Identification: Assessor's Parcel No. 835-15-001 ...i'.~":'.;E r.') . ,;" ('.. ~i_ ,:\f.;[l\ This is an agreement hetween the City of GiLroy, hereinafter referred to as "City", and South Valley Inter<:om~_un~ty Hospital hereinafter referred to as "Owner". ---- ----- K 164FA6E1164 WHEREAS. Owner of the property described i.n Exhibit A,-,wishes to defer construction of permanent improvements" and City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: I. 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. The Hospital agrees that The City has deferred improvements which are inappropriate at this time along Las Animas, Cohansey, and the future extension of Arroyo Drive. Improvements shall include Streets, Water Mains, Sewer Mains, Storm Mains, Storm Relief Systems, Street Lighting, Traffic signals, Fees and all appurtenant facilities which are normally required in the development of these facilities. Additional terms which have been deferred are defined in Resolution No. 87-10 passed and adopted by the Gilroy City Councilon Feburary 17,1987.Said improvements will be installed by the hospital at such time as they are deemed necessary by the Director of Public Works. Improvements shall be deemed necessary when adjacent development occurs or substantial improvement in the area dictates the need for their installation. B. Owner agrees to construct the following improvements on or ad.iacent to the property described on 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.) L. Curb and gutter. 2. Sidewalks. 3. Ori veways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion control plantings 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 & property line. 11. Street signs. 12. Relocation of existing fences, signs 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 improvements which has been, or is to be, provided by Owner and others where such facility benefits the property described in Exhibit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 15. Sanitary sewage facilities. 16. Water system. C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in section 11 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. All of 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. K 164PAGE1165 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 Works 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 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. MAINTENANCE 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 facilities, access roads 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. VI1. 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 K 164PAGE1166 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 "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 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 non-use 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 willful 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 May 18, 1 98 7 ATTEST: CITY OF GILROY /)~ I i (~ ~,1t{ 1- . j t<!- V~ ~~?z~ CITY CLERK ' , /7 .. . AP~ED AS TO FORM: / / / , Iflt/!l! i//~tlc;-p- C TY ATTORNEY / IN WITNESS WHEREOF Owner has executed this agreement as of May 11, 2.987 South Valley Intercommunity Hospital, Inc. idii as Admini rator and Chief Executive Officer (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA COUNTY OF Santa Clara }ss c o i u I C ~ OJ al ~ c ~ On thiS 11 th day of may a Notary Public In and for said County and State, Andrea Y. Co leman personally known to me (or proved to me on the baSIS of satisfactory evidence to be the person who executed the within instrument os ~ Administrator personally known to me (or proved to me on the baSIS of satisfactory eVidence) to be the person who executed the within instrument as Secretary of or on behalf of the corporation, and acknowledged to me that such corporation executed the same pursuant to ItS laws, or a resolution of its Board of Directors before me, the underSigned :le Signature ~~~.~.,.~~._L'-.-C-~ _.-y..... - l-i:f".I-I=,i.:~L :::)~j~L U'::"').., CR"('''' 1,;,'T;-Y,'" ~~~i~~C~~:) ~:J i'>, ','~ ;;, ,liJ :'.'c:::. ~~r'; ,,':A ~,~'~~-" 'j 1 s. ,"',' ..,'... .."/\ lA'" .. ~? 11,/ '''iTlC1, EXP"T\ tug 23,1989 V'fC~ icial in (This area lor official seal) Name (Typed or Printed) City Clerk, City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 40814