Construct Land Development Improvements - DeLorenzo, Louis & Theresa and Rizzi, Victor & Gloria
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F 1 [:'1) FOH F:ECORO
dREQu:!lO:7
rEB A u AM '76
CITY or: r,IL.ROV
7390 Rosanna Street, P.O. Box ~6
Gilroy, California
/' 95020 NO fEE.
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OFFICltlL RECORDS
SANTA CLARA COUNTY
GEOHGE A MANN
RFGI~TR,\R RECORDER
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
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Project Indentification:
Parcels 803-11-44.803-11-2 and 801-11-8
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This is an agreement between the CITY OF GILROY, hereinafter referred
to as "City", and
louis Delorenzo, Theres~ M
nelnrpn7n Victor Rizzi and
.
Gloria Rizzi
horefnafter referred to as "Ownerll.
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 BINDltJG ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title or possession of the
real property described in Exhibit A. Alt 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 shatl apply separately to each parcet
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 Tn this section
may be deferred because:
Improvements are inappropriate at this time.
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B. Owner agrees to construct the fotl~~ing imorovements on the
property described in Exhibit A as well as required off site imorovements
in the manner set forth in this agreement:
Improvements required b'i the City Oepartment of Public Horks as
general Ty described below. (Cross out improvements that are not
required.)
I. Curb and gutter
2. Sidewatks
3. Driveways
~; = ~~ ::q:~Rft1:;::tfa:~::a:M ~mg
~~=~~~:~F"F1?~
(r.:.= = ::t;::~t:on: =e-Gn=~l= ::p:~~~ ~ =~i=l=i=~~
7. Electroliers
8. Underground conduit with wirin~ and pull boxes
9=.= =::m:tf"4~::and= ~~;:: =Hiifj=~g ~ ~Jl!: =Y'~~~~~P{
10. Street trees and other improvements between the cur~ and
property line.
~~~~~~~~~~=
12. Retocation of existing fences, si~ns and utitities
13. Payment of a pro rata share of the costs as determined hy the
Department of Publ ic Horks 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
l~. Engineering and inspection and plan check fees
15. Sanitary sewage facTtities
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C. When the City Director of Public WOGks 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 maiTed to the current owner or owners of the Tand as shown
on the latest adooted county assessment rol,. 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 shatl participate on
a pro rata basis in the cost of the improvements to be instatled. If Owner is
obligated to pay a pro rata share of a cost of a facTlity orovided by others, the
notice shall include the amount to be paid and the time when payment must be made.
III. PERFORMMICE or T.!:fE HORK
-",.rrer agrees to perforlTl the work and make the payments required by City as
~ ~ 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 t~e 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 Works and to notify the
City at least ~6 hours prior to start of work. tn 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
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property of Owner is granted to City or its contr2ctQr as may bp necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with oth~r ~rcperty 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 shall, within 30 days of the date
the notice was mailed, request a review of the requirements by the City Council.
The decTsion 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 submTt plans to the appropriate City aqency for review,
if required. and to maintain said improvements and faciTities in a manner which
wilt prectude any hazard to life or health or damaoe to adjoininq prooerty.
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 ~ labor and
materials bond in an amount and form acceptable to City to be rfTeased '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. INSURANCE
Owner shall maintain, or shaTI 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 insur-ance 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, liabiti~y or
payment by reason ('OF injury "including death/l to persons or damage to oroperty
suffered thrOlu;,o, any act or olTission, includlnq passive neqligence or i=!ct of
negligencr, or both, of the Owner, his ernployees, agents, contractors, sub-
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. 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
Jarluary 16, 1976
ATTEST:
I
cDU<J~t ~
.City Clerk
CITY OF GI.woy
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Mayor
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IN WITNESS WHEREOF, Owner has executed this agreement as of 15th
January 1976
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(Thi8 document to be acknou1Zedged tJith signatures as
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this
ntne hundred and
day of
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STATE OF CALIFORNIA
COUNTY OF Santa Clara
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tn the year one thousand
, before me,
... ...- I'h.. riM"&' ,.tf'V nf Gllrov. State of
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On this .....~.~.~~..... day of,January . th
76 ................................ m e year one thousand nine
hundred and ......................... before me, .......0.f;QRG~...AA...P.l\RRISH
a Notary Public, State of California, duly commission~d and sworn .;~~~~~;;'
appeared ..}~9.~.~~.~...P.~....~9.~~H~.9.L..?;.~.~~~.~.~.)~.~. DE LORENZ~
VICTOR RIZZI and (;LORIA RIZZ ............................. ,
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. nown to me to be the person'?... whose nami>....ljR~.. subscribed to the within
Instrument and acknowledged to me that .t..he.'l.. executed the same.
'. IN ~TNESS WHEREOF I have hereunto set my hand and affixed my
~mc~al sea~ I~ the .:......................~. C. ..intY.pf.$.0-.rr.t.~a....q ..~ax.. . day and year. .,
In thiS certificate first above written /.). ~ ,~ '. ~/:
"Uw. u', .ljJJn , t(;~
Notary blic:tft~'t~"~ic' if~;~i~"" ..... ....
My commission expires .............
............................................
Cowdery's Form No. 32-Acknowledgement-General (C. C. Sec. 1190a)
Printed 12/72
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GOMP'lEO IN CO'fFORIWANC'; WITH nc:s~
OF THE 'lEV::NU~ AND TAXATION COilE
::FF~CTIYE D"TE MAitc~ 1.19711
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