Construct Land Development Improvements - Arata, Patricia J.; Morton, Benjamin; Filice, Joseph A.; Jiminez, Fernando A.
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NO FEE per GC Sec. 6103
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7351 Rosanna Street
GilroYt California 95020
CITY OF GILROY
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AGREEMENT BY OWNER OR HIS SUCCESSORS.: IN I.NTE~'ES1\'t0
CONSTRUCT LAND DEVELOPt1ENT IM-PRQVJt~l'i;r~;:C:~;l(' EH
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Assessor's Parcel No. 799-33-026
Project Identification:
This is an agreement between the City of GilroYt hereinafter
referred to as "City" t and PATRICIA J. ARATA, BENJAMIN MORTON, SR.,
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JOSEPH A FILICE and FERNANDO A. JIMINEZ.
hereinafter referred to as "Owner".
WHEREASt Owner of the property described in Exhibit At 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.
NOWt THEREFOREt IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreementt together with the attached stipulationst is an instrument
affecting the title or possession of the real property described in Exhibit A.
All the termst 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 At 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 IMPROVEI1ENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because: These improvements and fees for Monterey
Street and Eleventh Street are inappropriate at this time.
(See attached Additional Stipulations.)
B. Owner agrees to construct the following improvements on or adjacent 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.)
1.
2.
1.
4.
5.
6.
7.
8.
9.
.r-
Ia.
11.
12.
13.
Curb and gutter.
Sidewalks.
Driveways.
Street gradingt base and paving.
Storm drainage facilities.
Erosion control plantings and facilities.
Electroliers.
Underground conduit with wiring and pull boxes.
Barricades and other improvements needed for traffic safety.
Street trees and other improvements between the curb and property
line.
Street signs.
Relocation of existing fencest signs and utilities.
Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drain~ge or street improvements
which has beent or is to bet 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.
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H 573 f~Gf 669
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
exlstt 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 t 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 rate share of a cost of a facility provided hy others,
the notice shall include the amount to be paid and the time when payment must be made.
III. PERFOID1ANCE 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 CMner fails to
construct any improvements required under this agreementt City maYt 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 ownerst 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 districtt 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 shal1t within 30 days of the date the notice was mailedt
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 facilitiest access roads
or other required improvementst to assume responsibility for the proper functioning
thereoft to submit plans to the appropriate City agency for reviewt if requiredt 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 CitYt 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 maintaint or shall require any contractor engaged to perform the work
to maintaint at all times during the performance of the work called for hereint a
separate policy of insurance in a form and amount acceptabla to City.
IX INDEMNITY
The Owner shall assume the defense and indemnify and save harmless the CitYt its
officerst agents and employeest from every expenset liability or payment by reason of
injury "including death" to persons or damage to property suffered through any act or
"
omissiont including passive negligence or act of negligence, or botht of the Ownert his
employeest agentst contractorst sub-contractorst or anyone directly or indirectly
employed by either of themt or arising in any way from the work called for by this
agreementt on any part of the premises, including those matters arising out of the
deferment of permanent drainage facilities or the adequacYt safetYt use or non-use of
temporary drainage facilitiest 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 agentst servants or independent contractors who are directly
responsible to the City. .
.
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H573 P.~GE670
IN WITNESS ~IEREOFt City has executed this agreement as of
May 16, 1983
ATTEST:
CITY OF GILROY
0flu~r~
r CITY CLERK
~.~
MAYOR
APPROVED AS TO FORM
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CITY ATTORNEY /
IN WITNESS WHEREOFt Owner has executed this agreement as of April 28, 1983
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(This document to be acknowledged with signatures as they appear on deed of title)
to 1944 CA (8-74)
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"TITLE INSURANCE
==- AND TRUST
(Individual)
',/. STATE OF CALIFORNIA
Santa Clara
COUNTY OF
On A p r i 1 2 8, 1983 before me, the undersigned, a Notary Public in and for said
State, personally appeared Patricia J. Arata. Joseph A. Filice, Fernanp.o
A. Jiminez and Benjamin Morton
who proved to me on the basis
of satisfactory evidence ,k~K~~
to be the perso~whose name S are subscribed
to the within instrument and acknowledged that th ey
executed the same.
A TleOR COMPANY
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(This area for official notarial seal)
City Clerkt City of GilroYt State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
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EXHIBIT A
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H S~a P,~GE 6~3
ADDITIONAL STIPULATIONS
To the PATRICIA J. ARATA, BENJAMIN MORTON, SR., JOSEPH A. FILICE
and FERNANDO A. JIMINEZ Deferred Development Agreement.
1. This agreement shall run with the land and be binding upon
any successors in interest.
2. All of the improvements for the extension of Eleventh
Street (both sides) will be required at the time of
development of either Parcel No.1 or Parcel No.2.
In the event that the City Council decides to abandon
the extension of Eleventh Street from Garden Court to
Monterey Street, the developer of either parcel, which-
ever is developed first, will be required to remove
(and/or) install improvements as required by the City
Engineer.
3. At the time of development of Parcell, all the improve-
ments for Monterey Street fronting both Parcel 1 and
Parcel 2 will be required.
4. All deferred fees will be due with
and will be payable at the rate In
of payment.
Approved
Title:
Date: