Construct Land Development Improvements - Sargenti, Guido and Martha
NO FEE per GC See. 6103
'.:Q1 tU(9. ~-1"'}
U.J\)J (J
F 750 "C~ 306
CITY Of GILROY
, . r/ j.
~l~
;"lrl_i ~i" '
I,:J' 1..., ! G 3 fir! 'B 0
73QO Rosanna Street. P. O. Aox 66
Gilroy. California
95020
f'" 750:)~GE 306
AGREEf1fUT BY OUrlER OR UIS SUCCESSORS IN INTEREST TO
COtlSTRUCT lAND DEVElOPttENT H1PROVEr1ErnS
..
Project Identification: P~rc~ls I and 2 o~ Parcel 790-15-015
.J
This 1$ ~n 4qreen~nt between the CITY OF GILROY. hereinafter
referrej to "s "C1 ty", anri Gu i do Sargent i and Martha Sargent i
o
~ tr) a::
~ ~ ~ ~ hereinafter referred to as 11"\1.'~p.rll.
UJ r:: ~ a::
:E a:: ~ ~ UtlEREAS, O\-Jner desires to subdivide or develop the property
~ 0 Q ~ d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent
ffi ~ 8 ~ improvements and City agrees to such deferment provided Owner agrees
fl ~ 2; 2 to construct 1nlprovements as herein provided.
o <': [J 0
Co) ~ :? :L NOlI, TIlERE FORE, IT I S AGREED:
w ~ u :~
i: ~ 'r: \
L.. ~:'~ 1. AGREEtlHH BInnING OIl SUCCESSORS HI INTEREST
'<f .1
This agreement, toqethcr with the attached stipulations. 1$ an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and condition$
herein imposed shall he binding ugon and inure to the benefit of the
successor5 1n interest of (~mer. Upon the sale or division of the
property de~cri~ed in Exhibit A. the tenns of this agreement shall
apply separately to each pdrcel and the owner of each pdrc~l sh~11
succeed to the obl1~ldtion$ i~o$ed on Ol'mer by thh 4gre~"t.
11. STREET ArlO ORAHlAGE It~PROVEt1ENTS
. 'I' ~ 1~.1 ~ .4 r
A. City and Owner aqree that the tmprov~nent$ set forth in
this $ect1on n~y be deferred because:
Improvements are inappropriate at this time.
,:)
~ ~ .'
B. Owner agrees to construct the followlnq improvements on the
property described In Exhibit A as well as required off site improvements
In the manner set forth In this a~reement:
Improvements required by. the City Department of Public Horks as
generally described bolo\~. (Cross out Irnprovd:h,;nts that i'lre not
required.)
I.
2.
3.
~.
5.
f, .
7.
8.
9.
10.
11.
12.
13.
Curb and CJutter
Sidewalks
Driveways
Street gradlnq. base and pavlnq
Storm drainage facilities
Erosion control plantlnas and facilities
E lectrollers
Underground conduit with wiring and pull boxes
8arrlcades and other Improvements needed for traffic safety
Street trees and other improvements between the curb and
property line.
S tree t signs
Relocation of exlstlnq fences, si~ns and utilities
Payment of a pro rata share of the costs as determined hy the
Department of Public \/orks of a storm drainaqe or street Improvement';
which has been. or is to be. provided by nwner and others where such
facility benefits the property described In Exhibit A
Engineering and Inspection and plan check fees
Sanitary sewage facIlities
'.-/ater system
.~
750',~Gl 307
Ilj .
I') .
16.
C. When the City DIrector of Public Wocks determines that the reasons for
the deferment of the Improveln~ent5 as set forth In section II no lonqer exist.
he shall notify Owner In wrltlnq to commence their Installation and construction.
The notice shall he mal led 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 ovJners, 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 participate on
a pro rata 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 facility provided by others, the
notice shal I Include the aITK)unl to be paid and the time when payment must he made.
III. PfRFORMAtlCE 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 Counci t. Owner shall cause olans
and specifications for the Improvements to be rrepared by competent persons
legally qualified to do the work and to suhmlt said improvement plans and
specifications for anproval prior tn commencement of the work described In the
notice and to pay cltv Inspection f~es. The work shall be done In accordance
with city standards In effect at the time Improvement nlans are submitted for
approval. Owner aqrees to commence and cOf'lplete the work withIn the time
specified In the notice given by the Director of Puhllc \~rks and to notify the
City at least lj8 hours prior to st.Ht of work. In the event Owner falls to
construct any Improvements requjrel~ under this aqreem...nt. CIty may, at Its option.
do the work and collect all the co~ts from Owner. Permission to enter onto the
-')-
prope~ty or Owner Is granted to City or Its contractor as may be necessary to
construct such improvements.
F 750;J,'Gc 308
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by CIty with other ~rcperty cwners,
the City and other public aqencles 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 dlsaqrees with the requirements set forth In any notice to
commence Installation of Improvements he shall, within 30 days of the date
the notice was mulled, 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 dnd 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 Improvements, to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City aqency for review,
if requl red, and to maintaIn said improvements and faci llties In a manner which
will preclude any hazard to life or health or damane to adJolninq property.
'" I. BO~lDS
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 a labor and
materials bond In an amount and form acceptable to CIty to be rfleasedby 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.
VII I . I NSURAtlCE
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 polley of insurance In a form and amount acceptahle to
City.
, X . I N D E MN IT Y
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 rersons or damage to property
suffered through any act or 00ls510n, Includlnq passive negligence or ~ct of
negl igence, or both, of the Owner, his employees, agents, contractors, sub-
-3-
F 7SO'll,GE 309
contractors, or anyone dIrectly or Indlr~ctly employed by either of them, or
arising In any way from the work calted 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 ntlsconduct of the CIty
or Its agents, servants or Independent contractors who are directly responsible
to the City.
IN WITNESS \JHEREOF, City has executed this agreement as of
Oetober 27, 1980
ATTEST:
C ITY OF GILROY
'~~'" iJ,
""f:.', ;':','." .,rz;t;iJ,'''''"-.''".:.'','~','~\,',' & qf9
' ( " ~r"t~ n C 1 f.'l:iJt .
H '.'",~...~: rty ...., _
r ,.:,{"::J'>'" ".,. - :1, ~:~ ,:..
. .~. ,,";'," , , ., ,.:.'~,,' "'..:.' '
. ,::,'A," PPROY('~,"A~ TO FORM
" \).:~\ fJ
" ., '
- "~ (Me/fl'
Owner has executed this agreement as of
Oetober 22, 1980
'I
,
! ~
// - , 'J
c-// d.1t: 'p L ;1" -:!<- '
; , ;;;
/j
--(./";/~lt/' J
"
'7
4'~
I - "
/~/ IfL/tL;;\
L /,/,-'
// 'Z;lh1/t.
/
...-.---
(Thia document to be acknowledged with aignaturea aa they appear on deed of title)
STATE OF CALifORNIA )
To 1944 CA (8,74) ) S5 .
(Individual)
F
750'~G~ 310
} ss.
"T1TLE INSURANce
~ AND TRUST
lousand
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On OctOber 22, 1980
t St GUld~~--_b~fgre medhe.pndeJ;( d N
i ale, ","onally app"',d 0 0ar g en n an' "aril\:'f '~a,l'lffl'n'1"'!''' '"odlo, ..'d
w-
..J
II.
1
~
A neOR COMPANY
. State of
----------------------~
that
d acknow.
s , known to me
to be the persO~whose name S are .
, , subscnbed
to the wIthm instrument and acknOWledged thatthey
executed the same,
WITNESS my hand and official seal.
\~
.
~0~~ .
0" ,. OFFICL'\L 2E!\L
.-/:..>...-"~_..,, f""'~-"'-l' I,~ ("'''-'\.-''1 ir\TTI
! (, .... -,-' ..'" .. ", 'v,\.~':. ....\ 1,'1" '__"'..,/ -..: '"iJ I
! \ ,;. _,' NOT/'.~'( ?U=~_iC .. C/\UFORN1A
'\.'::'" S,\f:~,\ Cl!\".A CCLJriTY
'.'.k" My c"..,.., o"n"a" '~~.., 23 1980
,-,..",.I;'\.JlI"').~.~'.>)
fflclal
year In
Signature
(This area for official notarial seal)
-4-
'"
~
'1)
~ X'H~848~O
t. /f.79i1.-20-- .
r.\~,_.- -LI~.~AN -<(- --- ..--.-
:'pt0 35(~ M 4? ., --
~. /..'::-:::k'", "; ";::'~r'-;.'~"'<'-'.'--"",~,~~-'-;n-T-i;-i.O ~
_J' iii' I, ", "~
<t,. 24 ~ I 25 · '''" " ~
\; :f ei ,,,- ~H!~:
ill PCL 2 ~: PCl '!" ~ ' ·
IC'''o~ I 82 GO ' ' ~ ",".S
. as IT 1 ~ 15 I . ; , "'.5
I : '" pel A I PCl C; '.,(. r. :
~!~ 30: I' I
~_J - I. I
II e I
a: - ,. J!9.}L - - ~~ ~111 . _10 _9 "'I
<t PCl,S 1- 28 ~I
Y s : !:
I ~ 29:: I
'.., _ I I I
I I 8946 I 99.15 n l _U ',_..~ tOoUS \, 1-
..I -+~--:-rn;NAN ;:.':":;-- .I- - q ~ - ~'
. " ;,-'_[ ,;,', .~' - Y'_',.',,' ";...,_,,,_~w -~:,;,s €. r ~, 1-"0 \.
. I .<' r,:"',. I
.iJ. 1 2 1'~' Z6 :~ 27 " : ,,:,.,.: ~ : .. ~
& _ ~ _ "'I - ,,- ,.'" ~ I 6 ~
- 3 J - peL. A I PCl B :".. "2= I
" -;;;1' u';- ~' - ,----- -P,-;3~9"~ M -=-5~ I '
n.1 (ifl,IG. t CljlL'I'l ( AVE.
NORTH G!L.ROY TRACT
~
~C1
I "I ~
f
750\'~.Gt 311
@
--9" --, .-- ~ - ' --- -<( -' -- '?"' - ~ -
11
8'
!'tlU' ~
~
~
I I e111 "I
1~7,lI' Ii
.z
@
EXHIBIT "A"
VICINITY SITE MAP
Sargenti Property
JI
I,