Construct Land Development Improvements - Filice, Michael and John
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CITY OF GILROY
7351 Rosanna Street, P.O. Box 66
Gilroy~ California 95020
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPlffiNT IMPROVEMENTS
#841-16-056
Identification: Assessor1s Parcel
This is an agreement between the
referre~ to as "City", and M i rh::lp 1
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City of Gilroy, hereinafter
I ::Inri Inhn M Filicp
hereinafter referred to as "Owner".
WHEREAS, Owner of the property described in 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. City and Owner agree that the improvements set forth in this section
may be deferred because: of the formation of an assessment district in
this area.
In the event the assessment district is not formed the owner
agrees to dedicate the needed rights-of-way on 10th Street Alexander
,
Street and 9th Street.
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. Curb and gutter.
2. Sidewalks.
3. Driveways.
4. Street grading, base and paving.
5. Storm drainage facilities.
6. Erosion cOhtrol 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 and property
11 ne .
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.
14. Engineering and inspection and plan check fees.
15. Sanitary sewage facilities.
16. Water system.
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G838PAGE495
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 th~ 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 he installed. If owner
is obliga:ted to pay a pro rate share of a cost of a facility provided hy others,
the noti I shall include the amount t~ be naid and the time when payment must be made.
II I . PE
OF THE WORK
I
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 specieications for the improvements to be nrepared by competent persons
legally qJalified to do the work and to suhmit 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. ~lner agrees to commence and comnlete the work within the time
specified in the notice given hy 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
construc~ 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 REVIEvT OF REQUIREHENTS
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 IHPROVEHENTS
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 responsihility 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.
VII 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
INSTJRANCE
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 INDEHNITY
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
G838pWE49~
omission, including passive negligence or act of negligence, or both, of the Ownert his
emp10yeest agents, contractors, sub-contractors, or anv one directly or indirectly
employed by either of them, or arising in any way from the ~wrk called for by this
agreement, on any part of the premises, including those matters arising out of the
deferment of pernanent 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 TlliEREOF, City has executed this agreement as of
June 7 ~ 1982
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CITY OF GILROY
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AS TO FOIDl
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IN WITNESS T-lliEREOF, Owner has executed this agreement as of t1?77Ay ~,~ /'Jy ~
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STATE OP CAUPORNIA
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STATE OF CALIFORNIA
COUNTY OF SANTA (;1 ARA
On this ? 7 r h day of MA Y in the year one
thousand nine hundred and EIGHTY-TWO , before me,
CRYSTAL RAFFERTY , a Notary Public, State of Califomia,
duly commissioned and swom, personally appeared
JOHN M. FILICE
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known to me to be the person _ whose name
subscribed to the within instrument and acknowledged to me
that _ he __ executed the same.
IN WITNESS WHEREOF I have hereunto set my hand andafJixed
my official seal in the CITY OF GILROY County of
SANTA C,T.ARA the day and year in this cert' . ate first
above written.
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,
Thlsdocument IS only a general form which may be proper for use in simple transactions
and In no way aels, or IS Intended to act, as a substitute for the advice of an attorney
The publisher does not make any warranty, either express or Implied as to the legal
validity of any prOVISIon or the sUitabIlity of these forms In any specific transaction
My commission expires
Cuwdery's Form No. 32 - Acknowledgement - General (C. C. Sec. 1190a)
:::d~;/O~U=;'~~:\IlfS7~~:er -::l:i~;~~,~[::~~~lf::~~~~'sanne; =:i~~tl;:~:~i:~warrantv, elltler el(press or Implutd, 35 to the legal
....._.~~lic. S ateof.~~~i'-'~''''
My Commission ExPires._.._.AU1.J.\....l~t~j..__........_.......
CowdUf'a Form No. 46 (Aclmowledamcnt-Witlleaa)
(c. C. SCCll, 1195.1197, C. C. P. Sec. 1935) . (FEB,80)
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City Clerkt City of Gilroy, State of California
per Civil Code Sec. 1181; Government Code Sec. 40814
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EXHIBI.T '~A~!
J'Qhn ,M. :Fi.lice and ,Michael J. Filice
Agreement
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