Construct Land Development Improvements - DeLorenzo, Louis & Theresa and Rizzi, Victor &Gloria
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CITY or: r,Il.ROV
7390 Rosanna Street, P.O. Box ~6
Gilroy, California
95020
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C 286 PAGf565
AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CmlSTRUCT LAND DEVELOPMENT IMPROVEMENTS
ProJect Indentification:
Parcels 80~-11-44. 803-11-2 and 801-11-8
This is an agreement between the CITY OF GILROY, hereinafter referred
to as IIC 01 ty", and l 0 D L Th M n I V t B . rl
ours e orenzor eresa v. uP nrpn7n, ic or izzl an
Gloria Rizzi
horefnafter referred to as "0wnerll.
WHEREAS, Owner desires to subdivide or develop the property described
in Exhibit A and wishes to defer construction of permanent improvements and
City agrees to such deferment provided Owner agrees to construct imDrovements
as herein provided.
NOW, THEREFORE, 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, converiants 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 IMPROVEMHITS
A. City and Owner agree that the improvements set forth Tn thIs section
may be deferred because;
Improvements are inappropriate at this time.
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C 286 PAGf566
B. Owner agrees to construct the folT~Jinq imorovements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required by' the City Oepartment of Public Horks as
generally described below. (Cross out improvements that are not
requ ired. )
I. Curb and 9utter
2. 5 i dewa J ks
3. Driveways
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7. Electroliers
8. Underground conduit with wirin~ and pull boxes
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10. Street trees and other improvements between the curh and
property line.
~~~~~~~~~=
12. Relocation of existing fences, si9ns and utilitTes
13. Payment of a pro rata share of the costs as determined by the
Department of Public Works of a storm drainage or street improvement;
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhibit A
t4. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
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C. . When the City Director of Public Wocks 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 adoDted 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 whTch the work shall be completed. Allor any portion of said im-
provements may be required at a specified time. Each owner shalT participate on
a pro rat~ 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 facTlity orovided by others, the
notice shall Tnclude the amount to be paid and the tfme when payment must be made.
I I I . PEJ.fORM.Nt!;E nr THE ~!ORK
. ('..Her agrees to pe rform the work and make the payments requ i red by City as
p . forth herein or as modified by the City Council. Owner shall cause plans
and specifications for the improvements to be prepared by competent persons
Tegally quaTified to do the work and to submit said ifTTT,)rovement plans and
specifications for anproval prior to commencement of the work described in the
notice and to pay city inspection fees. The work shalT be done in accordance
with city standards in effect at the time improvement plans are submitted for
approval. Owner agrees to commence and comptete the work within the time
specified in the nottce given by the Director of Public \-forks and to notify the
City at leas~ 48 hours prior to start of work. In the event Owner fails to
construct any improvement5 required under this agreem~nt, City may, at its option,
elf) the work and collect all the costs from Owner. Permission to enter onto the
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C 286 PAGE5S7
property of Owner is granted to City or its contractor as may be neccssary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other ~rcperty cwncrs,
the City and other public aqencies 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 disaqrees 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 I I which are constructed and completed in accordance with City standards
and requirements and are installed within riQhts of way or easements dedicated
and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, ascess
road 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 prectude any hazard to life or health or damaqe to adjoininq property.
"I I. BONDS
Prior to approvat of improvement plans by the City, Owner may be required
to execute and deliver to the City a faithfut performance bond and ~ labor and
materials bond in an amount and form acceptable to City to be rfleased 'by the
City Council in whole or in part upon compTetion 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 Tn a form and amount acceptable to
City.
IX. INDEMNITY
The Owner shatl assume the defense and indemnify and save harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason ,..f Injury "including death" to persons or damage to property
suffered throlJC''' any act or orrission, includlnq passive neo.ligence or act of
negligencr. or both, of the Owner. his employees, agents, contractors, sub-
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C 286 PAGf558
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 7th
September 1976
ATTEST:
CITY OF GILROY
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city erk
Owner has executed this agreement as of 15th
January 1976
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(This document to be ac1<.ruJtJ1Zedged UJith signatures as the
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deed of titZe;
f STATE OF CALIFORNIA
COUNTY OF ..~.~nt.~....GJR:;r;.?L........
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On this ........~.?t.~... day of ....J.~D.~.?!-.r.y.......... in the year one thousand nine
hundred and ......'J.fL........... before me, .....GEQRGE...A.....P.l\P.RI.SH........,
a Notary Public, State of California, duly commissioned and sworn, personally
appeared... !t~ ~ ~.~... p.~... .~9. ?~.~.~ 9. .f... .?;'.~:.fRt:.~h..M......Q~.. .~.9.RfN;?.o ,
VICTOR RIZZI and GLORIA RIZZI
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known to me to be the person ..~. whose name .f?..J~X.~subscribed to the within
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instrument and acknowledged to me that .t..heY.. executed the same.
'" \ ;', ') ;.\ IN WITNESS WHEREOF I have hereunto set my hand and affixed my
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. otary Pl/blic, S ate of California
I Cowd~y., Fmm NO: 32 A,koowl,dg'm,"t-G,"~,t (c. C. Se,. 119"') My comm;,,;on <xp;", ...u........u.....................u..~;~;;~.;.;;2 \
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C 286 PAGf559
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COM?';..EO IN CO/OlFORMANCE' WITH SEe <>t
OF THE ~~V<;:1fUii: AIIIO TAlCATIOlC COOF
l::Fr!CT~YE DATE: MAllett l.r975