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Construct Land Development Improvements - Mangano, Thomas, Joseph, Carmen, Samuel and Pauline ~ 7390 Rosanna Street, P. O. Rox 66.. 667 :l_1~:_1.81. Gilroy, California t' r . 95020 6874168 F Fi c~ ~67 ?!~: 181 l~, i. .,L__$ Ii :\;:;0 c9ff 1L'~lr; ','n .-j Iii L: J ::12-3 NO FEE per GC Sec. 6103 CITY OF GILROY ., , , ~~ AGREEf.1ENT BY Ol:JNER OR HIS SUCCESSORS IN INTERESt-TO COtJSTRUCT lAND DEVElOPflENT H1PROVEr-~nITS I ..;-",' Lane, Project Identification: The north 2081~ of land bordered by Swanston Leavesley Rd., and Forest St., 1979 ,Asse"ssor's Parcel #'s 841-01-029, This is an agreement between the CITY OF GILROY, hereinafter 030,031,065, 066, 115, 116) referre,~. to as "City", anrt Thomas, Joseph, Carmen . , Samuel and Pauline Mangano hereinafter referred to as """''1~r''. HUEREAS, O\'Jner desires to subdivide or develop the property d~scribed in Exhibit ^ and wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOli, TIlEREFORE, IT IS AGREED: 1. AGREEt1ENT BInDING on SUCCESSORS PI INTEREST This agreement, toqether with the attached stipulations, 1s an instrument affectinq 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 ~mer.Upon the sale or division of the property described 1n Exhibit A. the terms of this agreement shall apply separately to each parcel and the o~mer of each parcel shall succeed to the Obligations imposed on Ol-mer by this agreement. 11 . STREET AND DRAINAGE n.fl>ROVEt1ENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These improvements are inappropriate at this time. B. Owner agrees to construct the following imorovements on the property described in Exhibit A as well as required off site improvements in the manner set forth in this agreement: F 667 r~':: 182 Improvements required by. the City Oepartment of Public Harks as generally described oelmv. (Cross out improvements that iJre not requ ired. ) 1. Curb and 9utter 2 . S i dewa 1 ks 3. Driveways 4. Street gradingt base and paving 5. Storm drainage facilities h. Erosion control plantinQs and facilities 7. Electroliers 8. Underground conduit with wiring and pull boxes 9. Barricades and other imnrovements needed for traffic safety 10. Street trees and other improvements between the curb and property line. 11. Street signs 12. Relocation of existinq fences, si~ns and utilities 13. Payment of a pro rata share of the costs as determined hy the Department of Public \Jorks of a storm drainaqe or street improvement~ which has beent 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 c. When the City Director of Public Wo~ks 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 adooted 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. Allor any portion of said Im- provements may be required at a specified time. Each owner shall oarticipate on a pro rata basis in the cost of the imorovements to be installed. If Owner is obligated to Day 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. III. PERFORMAtICE OF THE HORK 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 olans and specifications for the improvements to be prepared by competent persons legally qual ified to do the work and to suomi t said improvement plans and specifications for aoproval 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 aqrees to commence and complete the work within the time specified in the notice given by the Director of Public Horks 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 the costs from Owner. Permission to enter onto the -2- property' of Owner is granted to City or Its contractor as may be necessary to construct such improvements. I V . JO I NT COOPERAT I \/E PLA1J F 667 P~s: 183 Owner agrees to cooperate upon notice by City with other rrcperty cwners, 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 shallt 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 rlqhts 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 improvementst to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City aqency for reviewt if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damaoe to adjoining prooerty. \/11. BOtlDS Prior to approval of improvement plans hy the City, Owner may be required to execute and deliver to the City a faithful 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 completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. V III . 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. tNDEMN!TV The Owner shall assume the defense and indemnify and save harmless the City, 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 o~issiont including passive negligence or ~ct of negligencet or botht of the Owner, his employees, agentst contractorst sub- -3- F 667 ?!':: 184 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 adequacYt safetYt use or non-use of temporary drainage facllltiest 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 9-..~ ()~ b,e.t; ~ t I <; fI 0 ".. 1::> ATTEST: CITY OF GILROY ., f 't'''' ~e;;J;)fJ~ , il t) r i ..' ~'," ~jl)1 "., III L {iiA Cit~:Y Attorney ,/7 / / / l/'. // i. / ,(, ../ l( /' x' ',./I~I-"1f7 C.l /[" I tf~/) v~_.- APPROVED AS TO FORM IN WITNESS WHEREOFt Owner has executed this agreement as of ~ / ~ I <f~d ,~r< <fl'c~:a~N~ . l Z?~0''t?Ja~z7/Z-cd) ~~(v rJ j, I JjV>~/J/r\~~j,~A'JO'4)O./AJJ- {/ (g o/v~)JY--, .7?/1J7VVl1ftVrl~ (This document to be acknowledged with signatures as they appeap on deed of title) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) On this nine hundred and day of In the year one thousand . before me. 'ro 1944 CA (8-74) }F 667 ?~~: 185 ss. ,. TITLE INSURANCE :=Il AND TRUST ~ of (Individual) STATE OF CALIFORNIA ~ COUNTY OF Santa Clara August 11, 1980 .. . . ' On before me,.1he underslgJl.l<d, a.J::.lotaJ;Y Pubhc In and for saId Josephine Mangano Thomas~. Man~anO, State, personally appeared ' , Pauline Mangano, Samuel _~~n~~no A TlCOR COMPANY )w- 1 lIJ 0: lIJ I: lIJ .J II. 0( I- ID , , kn~wn to me sl.lbscribed tney to be the person~whose nameS are to the within instrument and acknowledged that executed the same. - OFFICIAL S':,\L MON!C/\ f.~. 5C/\C:! l(YTTI NOT/\RY PU8L1C - CAliFORNIA' SANTA CLARA CCU~.JTY My comm. expires NOV 23, 1~.~ I WITNESS my hand and official seal. "V (This area for official notarial seal) F 667 P!~: 186 . ~/ -~ ::0,'.)':1 .. J) .~. l? u Exhibit A--Vicinity Site Map---Mangano Properties ,r Apri 1 30, 1980 F 667 ?~s: 187 Tom B. Carmen and Samuel Mangano STIPULATIONS 1. Dedicate alai P.U.E. along the Swanston Lane frontage. 2. Install street improvements along the Leavesley Road frontage, along the Forest Street frontage, and along the Swanston Lane frontage. Street improvements along Swanston Lane shall be installed at the same time as those on the south side of Leavesley between Swanston and Forest Street, Forest Street improvements shall be installed at one time, upon the development of the first lot to be developed along Forest Street.