Construct Land Development Improvements - Barbaglia, Randall and Carolyn
CITY OF GILROY
FILED FOR RECORD
AT REQUES~#
~1:~
JAN~l II 3:! AM 1982
, \982
JAN 2. \ (lFFICIAL RECORDS
SANTt, CLARA ('. jLNTY
. GEOHGE A MA+ii~
AGREE/'IENT BY OWNER OR HIS SUCCESSORS I N I NTEREST TO R-(;'<'T::i .\1, PE't,G'RDER
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS 82-2 ~
G 565 ;II.~: 526
r---i7JFf1
1"-' ,-.-.-' 0 J
. [\;--'., ,-:~~ 1
r--'---.- --,.,
I · \r''{l
1':.1." ,I. I
r-' i
I Ufj.; ~:CIT I
t------.'ll
l ~Vi)r I
~-- !
7~64164
7351 Rosanna Street, P. O. Box 66
G j I r oy, C (j I j for 11 i ()
95020
Pro j e c t Ide rl t i fie a t ion: Ass e s S 0 r 's Pare e I ii 84 I - I 4 - 0 I 0
This is an agreement
referred to as "c I TY", and
between the CITY OF GilROY, hereinafter
Randall ~,. Clnd CClrolyn A. 8arbd91 id
Her e i n 3 f tt~ r ref err c d too s "0 I'm e r" .
WHEREAS, Ovmcr desired to sul]divide or develop the property
described in Exhibit A and viishes to defer construction of per'munent
improver.lents Lind City Clgrees to such deferment pUJVided OVmL'r u(Fees
to construct improvements oS herein provided.
NO \oJ, THE REF 0 R [, I TIS 1\ G f~ E ED:
1. AGREEI-\EtH 81NOltJG mJ SUCCESSORS IN IIJTEREST
This i:lgreemcnt, together with the attached stipulotions, is c1n
instrume..t affecting the title or possession of the real property
ucscriLed
111 Exhibit A. All the tcr'ms, convenLints and conditions
herein imposed shull be bincJin~J upon i)nd tnure to the benc:fit of the
successors in interest of Owner. Upon the sale or division of the
property described in Exhibit A. The terms of this agr'eemcnt shail
apply sc[)arCltely to each purcel und the o',mer' of eLlch parcel shall
sue c e e d tot he 0 b I i CJ a t ion 5 i rll P 0 sed 0 n 0 I.m e r by t his a 9 r c cine n 1.
II. STREET AND Df~AI~JAGE ItWfWVU\UnS
A. City and Ol'mer Clgree thelt the improvements set forth In
this section lIlay be; deferred because: Thec,c illllHuverllelllc, ,He irl~lpprorHi"le
a t t his time.
G565;l..r.:52'7
B. Owner agrees to construct the fol lowing improvements on the
property described Exhibit A as wel I as required off site improvements
III the manner set forth in this ogrccment:
Improvements required
generally described below.
required.)
by the City Department of Publ ic Works as
(Cross uut improvements that are not
1. Curb and gutter
2. Sidewalks
3. Dr i veways
4. Street grading, base and paving.
5. Storm drainage faci I ities
6. Erosion control pli:lntings and foci I ities
7. Electrol iers
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 and
property line.
II Street signs
12. Relocation of existing fences, signs and uti I ities.
13. Payment of a pro rata share of the costs as determined by the
Department of Publ ic Works of a storm drainage or street improvements
which has been, or is to be, provided by Owner and others where such
faci lity benefits the property described in Exhibi t A.
14. Engineering and inspection and plan check fees
15. Sanitary sewage faci I ities
16. Water system.
C. When the City Director of Publ)c Works determines that the reasons for
the deferment of the improvements as set forth in section I I ,'0 longer exist,
he shal I notify Owner in writing to commence their instal lotion i)nd construction
The notice shall be mailed to the current OviJ1er or- OI-Jners of the li:lfld as shOl.m
on the latest adopted county assessment roll. The notice shai 1 describe the
work to be done by owners, the time within which the work shol I commence and the
time within which the work sho] 1 be completed. All of any portion of said im-
provements may be required at a specified time. Each owner sholl porticipote on
a pro rata basis in the cost of the improvements to be installed. If mmer is
obI igated to pay 0 pro rato share of a cost of a faci I i ty provided by others, tilL'
notice shall include the omount to be paid and the time \.,hen poymcnt must be maJe.
I It.. PERFORt1ANCE OF THE ~JORK
Owner agrees to perform the work and make the payments required by City as
set forth herein or as modified by the City Council. O\.mer sholl cause plans
and specifications for the ilnprovements to be prepared by competent persons
legally qual ified to do the work ond to submit said improvement plans ond
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 accordonce
with city standards in effect at the time improvement plans ure 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 fai Is to
construct any improvements required under this agreement, City moy, at its option
do the work and collect aJ I the costs from Ovmer. Pcrmiss ion to enter onto the
property of Owner is granted to City or its contractor as moY be necessary to
construct such improvements.
-2-
IV
JOliiT C~(J;)U..:.,TIVE r)Lr\t~
G 565 ;"G: 528
Owner agre~s to cooperate upon notice by City with other property owners,
the City and other publ ic agenc[e~ to provide the Improvements set forth herein
under a joint cooperative pIon including the formation of a local improvement
district, if this method is feasible to secure the instal lotion and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in <)flY notice to
commence installation of improvements he shall, vlithin 30 days of the date
the notice wal mailed, request a revic\'1 of the requirements by the City Council
The decision of the Counci I shal I be binding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvemellts specified in
Section I I which are constructed and completed in accordance with City standards
and requirements and are instal led within rights of way or easements dedic~ted
and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage faci I ities, access
road or other required Improvements, to assume responsibi Ii ty for the proper
functioning thereof, to submit pl~ns to the appropriate City agency for review,
if required, and to maintain said improvements and faci I ities in a manner which
will preclude any hazard to I ife or health or domoge to odjoining property.
VI I. BONDS
Prior to approval of improvemcnt plans b~ the City, Ovmcr may be required
to execute and del iver to the City .J faitllful performance bond and a lobor ond
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 \iork required and payment
of al I persons furnishing lobor and m~terio15 in the performance of the work.
VIII.
INSURANCE
Owner shall maintain, or shall require any controctor cngaged to perform
the work to maintain, at all times during thc performance of the work called
for herein, a separate pol icy of insurance in a form ond amount acceptable to
City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and sove hormless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury "including deClth" to persons or damage to property
suffered through any act or omission, including possive 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 c~l led for by this agreement, on any part of
the premises, including those matters arising out of the deferment of permanent
drainage faci lities or the adequacy, safety, use or non-use of temporary drainage
faci lities, the performance or non-performance of the work.
-3-
-r
."
-
-
G565;11.'::529
This provIsion shall not be deemed to require the a',-mer to Indenmify the City
against the I iiJiJi I i ty for damage aris ing from the sole negl igence or wi llful
misconduct of the City or its agents, servants or independent contractors ',..;ho
are directly responsible to the City.
IN WITNESS WHEREOF, City has executed this ogreement as of
January 18, 1982
ATTEST:
CITY OF GILROY
~..~
Mayor
APPROVED AS TO FORM
1ku-c IIi/Jvd-
City Attorney \ ,
;/
IN WITNESS WHEREOF, Owner has executed~this ogreement as of
January 12, 1982
(J""tI/--J/fJ}.(j!
~l,-- p L
C!/V{-n~'U .~~ :f"f~
COUNTY OF
Santa Clara
On this 12th day of January in the year one
thousand nine hundred and e i g h t Y two , before me,
Pamela Jo Morrow , a Notary Public, State of California,
duly commissioned and sworn, personally appeared ~andall M.
Barbaglia and Carolyn A. Barbaglla
STATE OF CALIFORNIA
4---:';~
; .a..-~~,~ _
I'(}Y
known to me to be the person ~ whose name
are subscribed to the within instrument and acknowledged to me
that ~ he --'-1- executed the same.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed
my official seal in the County of
San t a C 1 a r a the day and year in this ce~e first
above written. _~ ,-)" /;1)1 cQ~
T"IIS documenl ') on,y a general form which may be proper for use In Simple transactions
",0'" no W"' 'C" 0' 's ,n'ended la acl. as a subsl,Iule lar 1M advrce al an allarney Notary Public, State of California
Tr1e ~)ut) I',rot" (]Of", nol maKe any warranty either express or Implied as 10 the legal
\-d"ejl1, .1';, lH:J",,>,ur' or the SUitability 01 lnese torms In any specdlc transaction
Pi;:.
a Jo Morrow
f', c~"
,~ (.^,',! 'cjiA
~ '\ CC;.U;,iY
k '. i? 1083,
t;
" .
My commission expires
~
C()wuery's Form No. 32 - Acknowledgement - General (c. C. Sec. 1190a)
Nov
1 ?
.
1 98]
City Clerk, City of Gi Iroy, State of CaJ ifornia
per Civi I Code Sec. 1181; Government Code Sec. 40814
_I, _
G 565 ;ll.r:: 530
~ ~\ \ \
~'. \~\ " '\ \ \
~\ ' \ " , 'IJl '.
\ \ " \ \-, V
\ \ \ tl' \ \~ _
f.. \L-j \~<"\
LJ'~ ~ '
, \ \. \'
I ,,_,' leOSTORE\
# \
,~.-~ \
\
\\
\ \
\ \
\\
,\
\ \
\ \
l _ _u
BOrles
L
--'=
,
\
f',
"
\
\
N
(\\~
~\.....
.~--'
\0'
\\c
\
,\ I
I
r (o~~;'i T
..:
i
I"
l
~"
"~~
---\\- ~ -
,.---
EXH I BIT J IN' - BARBAGL I A AGREEMENT
ReCORDER'S MEMO
FAINT WRITING OR TYPlN6
Of~ CARBON COPIES MAiI(I!I'j
D D~0.Tor.r_A~~ nF,":r'~:H'