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Construct Land Development Improvements - DeLorenzo, Louis & Theresa and Rizzi, Victor &Gloria t::~~.:r:;: ,/..S~2-"~;:~;~ ~~ .;1r:~::t"~rJ-?::::~~~.t::~;;.:.::~;,;;=-:~:;;>~~ .;~ ;Li>tj~~~i_;r;':"~ ;-.;'~':;_~~d" ?i~-..~:;:~~~r:'>:j~J;s;~b:""c-:+I:'~ · I ., ': . C ~M~~~~gg I 5413033",,.,:;,.. '. '-'RD ~~~l~ :JEP Ib I 51 i)H '76' '" ..w CITY or: r,Il.ROV 7390 Rosanna Street, P.O. Box ~6 Gilroy, California 95020 NO C r: r;.. ., 1(..... OFFJ)IA' Fie-,.. S,1.NT /, <:1 '"t..;' '-',OO;I1DS: ," I-f. .....: -, ,n".~, UNTV: ..0,. ~'.jL I, 11' '10.1 . ,_I", ,r7'r+" ll"-'r ,.,.f "'.' i;. "':I..),RAF.' R'I. ('.(,.'R. .... , -'.' I LJER, C 286 PAGf565 AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CmlSTRUCT LAND DEVELOPMENT IMPROVEMENTS ProJect Indentification: Parcels 80~-11-44. 803-11-2 and 801-11-8 This is an agreement between the CITY OF GILROY, hereinafter referred to as IIC 01 ty", and l 0 D L Th M n I V t B . rl ours e orenzor eresa v. uP nrpn7n, ic or izzl an Gloria Rizzi horefnafter referred to as "0wnerll. 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 BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, converiants 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 IMPROVEMHITS A. City and Owner agree that the improvements set forth Tn thIs section may be deferred because; Improvements are inappropriate at this time. -1- ~.. .:ox.... .-.....":"-::,~~.. _ ",' _~._,~.....,--........-:.~...........~.:...,..~._._._.~~...l......"""",.:.~."-.~'::"'.~~...~~:"~-'i~,;.,~~;;'~:S"':;;f~~- -_'. ~'"':7..:.~-:-~"...~:<~.~~ _~ ". 1.~- _..~~-~""-~~~~ ~ -.- -- -'''' ~-- _ - -:- ...~. ~ -,1'~:.::~,__ . ~_- .::'::~~<.c.~ -,.-j' .~-~~"_~ .:- - ~. ::~.~; - ~- '--'--~"'_" :"Z'"::--'.::...,-_-_;:::_:~;;~..;~.~~;;.:~~~~~;._;..--:~-:~ i:~~~:~~~=::~~ C 286 PAGf566 B. Owner agrees to construct the folT~Jinq imorovements on the property described in Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by' the City Oepartment of Public Horks as generally described below. (Cross out improvements that are not requ ired. ) I. Curb and 9utter 2. 5 i dewa J ks 3. Driveways ~;:= :S:~~::g:~bft;;:Ua:~ ~~m:g 5=~ =~:u;jijA~:~FFFt=Fes- ~.= = :t;::~t:on: =C;jj1:~l= =I5~~j:A(g: ~ =taGi=l=i=~i=es 7. Electroliers 8. Underground conduit with wirin~ and pull boxes 9=.==~~~:O:~cf"=~g:~=~~=~~~~~~Pf 10. Street trees and other improvements between the curh and property line. ~~~~~~~~~= 12. Relocation of existing fences, si9ns and utilitTes 13. Payment of a pro rata share of the costs as determined by the Department of Public Works 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 t4. Engineering and inspection and plan check fees 15. Sanitary sewage facilities $.==JJ&~:~ C. . When the City Director of Public Wocks 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 adoDted 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 whTch the work shall be completed. Allor any portion of said im- provements may be required at a specified time. Each owner shalT participate on a pro rat~ 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 facTlity orovided by others, the notice shall Tnclude the amount to be paid and the tfme when payment must be made. I I I . PEJ.fORM.Nt!;E nr THE ~!ORK . ('..Her agrees to pe rform the work and make the payments requ i red by City as p . forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by competent persons Tegally quaTified to do the work and to submit said ifTTT,)rovement plans and specifications for anproval prior to commencement of the work described in the notice and to pay city inspection fees. The work shalT be done in accordance with city standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and comptete the work within the time specified in the nottce given by the Director of Public \-forks and to notify the City at leas~ 48 hours prior to start of work. In the event Owner fails to construct any improvement5 required under this agreem~nt, City may, at its option, elf) the work and collect all the costs from Owner. Permission to enter onto the i I I ! J f ,. -2- C 286 PAGE5S7 property of Owner is granted to City or its contractor as may be neccssary to construct such improvements. IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other ~rcperty cwncrs, 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 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 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 submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilities in a manner which will prectude any hazard to life or health or damaqe to adjoininq property. "I I. BONDS Prior to approvat of improvement plans by the City, Owner may be required to execute and deliver to the City a faithfut 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 compTetion 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 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 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, liability or payment by reason ,..f Injury "including death" to persons or damage to property suffered throlJC''' any act or orrission, includlnq passive neo.ligence or act of negligencr. or both, of the Owner. his employees, agents, contractors, sub- -3- C 286 PAGf558 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 7th September 1976 ATTEST: CITY OF GILROY ~~~~~,d~ city erk Owner has executed this agreement as of 15th January 1976 / /~, ---// ,X /~~,p"- .- . . . i-{ J '~ 1..{,(A.t:!.-, ( J '.., /1.,' () ,~- 1",>(, -:)/"__/ /J' I', J / r. I ~' :;;r /- /!!!dcZii / . rf~ /7 I> /- ,,' Ai'" / -/"'I f ,/ i ,/ I." "~~. /(-<--., :i- (This document to be ac1<.ruJtJ1Zedged UJith signatures as the :; ,- /- ". I! ;~2---?1"'1> 1/ deed of titZe; f STATE OF CALIFORNIA COUNTY OF ..~.~nt.~....GJR:;r;.?L........ } ss. On this ........~.?t.~... day of ....J.~D.~.?!-.r.y.......... in the year one thousand nine hundred and ......'J.fL........... before me, .....GEQRGE...A.....P.l\P.RI.SH........, a Notary Public, State of California, duly commissioned and sworn, personally appeared... !t~ ~ ~.~... p.~... .~9. ?~.~.~ 9. .f... .?;'.~:.fRt:.~h..M......Q~.. .~.9.RfN;?.o , VICTOR RIZZI and GLORIA RIZZI ! , '. .............................................................................................................................. known to me to be the person ..~. whose name .f?..J~X.~subscribed to the within ., instrument and acknowledged to me that .t..heY.. executed the same. '" \ ;', ') ;.\ IN WITNESS WHEREOF I have hereunto set my hand and affixed my ~:::~~~lc:er~~~~:~e fi~.~.~b~~~~.'nCot Otfilt'.g.~.t.9.;ft.Gl~7e da: a;lear ..............,..'../ [l.LC}{.. .. ..:...r]l/.l/.tI/tJ{~.... . otary Pl/blic, S ate of California I Cowd~y., Fmm NO: 32 A,koowl,dg'm,"t-G,"~,t (c. C. Se,. 119"') My comm;,,;on <xp;", ...u........u.....................u..~;~;;~.;.;;2 \ ,.,.,"'-;,.,-'.~.>. -4- ~ '..' ...., ~ '" '"\ II BOOK II PAu. II 803 1 I C 286 PAGf559 146.;0 9 o "! 1 ~----- 10 2 -- 1/ 51 4S ~ >- cr: 0:: 0 UJ 47 U1 0) W '" ....J 14 '" ~ ill 48 (\j " :4~ 5:: I I <D ..... ~ ~ If) :;: ST. 3::0 1 y '2 ---1-- I I !3 ! I 1.--- 14792 5/ o co o n= g 44 "' w ~ 1 .7l ~ !) ISO - - - - - --l~"'- _u - - -- - - - - - \4S-:-IB -.- - -- Ul ill -- 7 40 '" Ul o o <" .50 '" o <D -- - B ~- - - r ~ 2. I I at '4 I I , I 5 6 ! 1- - - 6 42 :53 bG. --- 11.<11 o ~ t1J -.- >- w ex: w f- Z o ~ n r I I 8 .35 130710 - 69 1529f. B4S R 1 w ST '" '" d v c;-' . '" '" q- .., 5.>4 '" ". ~ $ o lD I ~:v, ~I~ /~ ~/--IB~ 'Z~ III I SCALE: // I,:::: 100 1/ L I 841 J , COM?';..EO IN CO/OlFORMANCE' WITH SEe <>t OF THE ~~V<;:1fUii: AIIIO TAlCATIOlC COOF l::Fr!CT~YE DATE: MAllett l.r975