Construct Land Development Improvements - Benassi, Asperio
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CITY 0J.t' GILROY
7351 Rosanna Street
Gilroy,
~UG 28
808-01-008
This Is an agreement between the City of Gilroy, hereinafter
referred to as "City", and ASPERIO BENASSI
The Old prchard Co~pany
hereinafter referred to as "Owner".
WHEREAS, Owner of the property descrihed 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. AGR~:Et1ENT BINDING ON SUCCI~SSORS IN INTEIU~ST
This agreement, together wLtla the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit: A.
All the terms, convenants and condLttons herein imposed shall be binding upon
and inure to the benefit of the succesoors in interest of Owner. Upon the sale
or division of the property described in I~xhibit 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 DRAINAGI~ IMPROVI~HENTS
may
A. City and Owner agree that the improvements set forth in this section
be deferred because:
Improvements are not appropriate at this time. The owner
agrees upon further development of this property Uvas Park
Drive will be constructed to city Standards from Laurel
Drive to Third 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 b~tter.
2. Sidewalks.
3. Driveways.
4. Street grading, base and pavlng.
5. Storm drainage facilities.
6. Erosion control plantinga and facilities.
7. Electroliers.
8. Underground conduit with wiring and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. Street treea and other improvements between the curb and property
line.
11. Street aLglIs.
12. Relocation of existing fencea, aigns and utilities.
11. Payment of a pro rata ahare of the coata 8S determined by the
Department of Public Work6 of a atorm drainage or street improvements
which haa been, or is to bet provided by Owner and others where such
facility benefLts the property described in Exhibit A.
NOTE: Fees are payahle at the rate in effect at time of payment.
14. Engineering and inspect ion and plan check fees.
15. Sanitary sewage facilities.
16. Water system.
C. When the City Director of Public Works determ'ines that the reasons
for the deferment of ~he improvel~nts as set forth in section 11 no longer
exist, he shall notify Owner in writing to commence their insta11atioi\ 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 the work I:lhall he completed. All of any portion of said
improvements may be required at a specified time. gach 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 rate 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. PERFORMANCE OF TilE WORK
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 specifications for the improvements to be prepared by competent persons
legally qualified to do the work and to submit 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. Owner agrees to commence and complete the work within the time
specified in the notice given by the Direetor of Public Works 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 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 formntion 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 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,
~equest 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 maintenancl~ 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 resQ1ution
of the City Council.
Owner agrees to provide any ne~e8sary temporary driinsge facilities, access roads
or other requlred 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 preclude any hazard to
life or health or damage to adjoining property.
i
VII nONDS
Prior to approval of improvement pla,\s by the City, Owner may be required to
execute and deliver to the City II 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 w~rk required and payment of all persons
furnishing labor and materials in the performance of the work.
I
VIII
INSURANCE
Owner shall maintain, or shall require any contractor engaged to perform the work
to maintain, at all times durin~ the performance of the work called for herein, a
separate policy of insurance in a form and amount acceptable to City.
IX INDEt1NITY
The Owner shall assume the dcfenae and indemnify and save harmless the City, its
officers, agents and employees, from every eXpellSC, liability or payment by reason of
injury "including death" to persons or damage to property Buffered through any act or
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~,;,'~'~:'iOm1Ssion,. including passive negligence or act of negligence, or both, of the Owne&. his
" >.f employees, agents, contractors, sub-contractors, or anyone directly or indit~ct1y
,.:. 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 ou~ of the
deferment of permanent drainage facilities ,or the adequacy, safety. use or non-use of
temporary drainage facilities, the performance or nOh-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. I
IN WITNESS WHEREOF, City has executed.this agreement as of -
August 18, 1986
ATTEST:
CIT'i OF GILROY
APPROVED AS TO FORM
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ACtING CITY~~EY . .
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On this 28th day oJ July In the year one
thousand nine hundred and eiahty-six . before me,
Kathryn Howard . a Notary Public, State oj CallJornla,
duly commissioned and ,worn, personally appeared Asperio
Benassi and Annina Benassi
known to me to be the person .1L- whose name
are wbscribed to the within Instrument and acknowledged to me
that -L he ~ executed the same.
IN WITNESS WlIEREOF I have hereunto.et my hand and affixed
my official leal In the Santa C ara County oJ
t~e day and ye r In this certlfiCGte first
above written. ~
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and In no way aclS, of 18 inlended 10 acl. as a subel,lule'Of lhe advice 01 an aHorney Notary P~b Ic~S ate oj California
The publisher dOes not maka any warranty. ellher express or rmpI,edasto Ihe legal ~d
yalldlty 01 any prOY1soon or Ihe SUllablllty allheselormlln any specillc Iransacllan My com mission expires c:;; ~ K
Cuwdery's Form No. 32 - Acknowledgement "7" General (C. C. Sec. 1190a)
STA TE OF CALIFORNIA
COUNTY OF Santa Clara
I
OFFICIAL SEAL
KATHRYN HOWARD
NOTARY PUDlIC . CALIFORNIA
~rlT^ CLARA COUNTY
My comm. expires fED la, 1988
On this _ _.::..--day of in the year one thousand nine
hundred and _, . Notary'Public, City Clerk, City of Gilroy,
State of California, duly sworn, personally appeared
known to me to be . described in and that
'executed the within instrument on behalf therein named, and
acknowledged to me that executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate first above written. '
, City Clerk, City of Gilroy. State of California
per Civil Code Sec.' 1181; Government Code Sec. 40814
passive negligence or act of negligence, or both, of the Ownlu. hh
.,.ployees, agents, contractors, sub-contractors, or anyone directly or indit~ctly
:'lIployed 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 ou~ 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. I
IN WITNESS WIlEREOF, City has executed.this agreement as of .
August 18, 1986
ATTEST:
CITY OF GILROY
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ACTING Cm~NEY
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APPROVED AS TO FORM
IN WITNESS WHEREOF. Owner has executed this agreement as of
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)9S.
COUNTY OF SANTA CLARA )
On this day of in the year one thousand nine
hundred and , Notary' Public, City Clerk, City of Gilroy,
.. State of Californis":duly sworn, personally appeared
known to me to be . described in and that
.executed the within instrument on behalf therein named, and
acknowledged to me that executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year in
this certificate firut above written..
City Clerk, City of Gilroy, State of California
per CivIl Code Sec.' 1181; Government Code Sec. 40814