Construct Land Development Improvements - Fazio, Josie
~
.'
S~5P~JiAGE iOZl
.,
5552791:
FILED Fe 'W
AT RE<.;L. j OF
~ ~01WAGf 721 rJrL -1 ~~
.IOX M -f~qIV~ 13 AH '11
~. ornClt>.L R~.:-conDS
p ., SANTA cu..p:, COUNTY
,GEOHGE A Mt.~ni . .
AGREEr~Frn BY mINER OR HIS SUCCESSORS IN INTEElST6AR RECORDER;
conSTRUCT LAND DEVELOPtlPlT H1PROVEr1PlTS
CITY OF GILROY
7390 Rosanna Street, P. 0.
Gilroy, California
95020
Parcel 2; A portion of Assessor's Parcel
Project Identification: 841-12-34 and 841-12-39
This is an aqreement between the CITY OF GILROY, hereinafter
referre:Lto ~s JlCityll, antj Josie Fazio
hereinafter referred to as l!~""~(.>rll.
HHEREAS, O\<Jner desires to subdivide or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner a~rees
to construct improvements as herein provided.
NOll, T!lEREFORE, IT IS AGREE!):
1. AGREEr1ENT BFlDP1G on SlICCESSORS rJ INTEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. All the terms, convenants and conditions
herein imposed shall he binding upon and inure to the benefit of the
successors in interest of OVlner. 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 oh1 i9ations imposed on (h-mer by this agreement.
11. STREET AND DRAInAGE If:1PROVH1H!TS
A. City and Owner aqree that the improvements set forth in
this section may be rleferred because:
1. Improvements are inappropriate at this time.
C 601 PAGE 722
B. Owner agrees to construct the follrn~ing improvements on the
property described in Exhibit A as welt as required off site imorovements
in the manner set forth in this agreement:
Improvements required by. the City Oepartment of Public Horks as
generally described belo~v' (Cross out improvements that are not
requ ired. )
I. Curb and 9utter
2 . 5 i dewa I ks
3. Dr i veways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinas and facilities
7. Electroliers
8. Underground conduit with wiring and putl boxes
9. Barricades and other improvements needed for traffic safety
TO. Street trees and other improvements between the curh and
property line.
II. Street signs
t2. Relocation of existing fences, signs and utilities
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 hy 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 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 theTr installation and construction.
The notice shall be maited to the Cllrrent owner or owners of the land as shown
on the latest adooted county assessment rotl. The notice shall describe the
work to be done by owners, the time within which the work shalt commence and the
time within which the work shall be completed. AIT or any portion of said Im-
provements may be required at a specified time. Each owner shaTT participate on
a pro rata basis in the cost of the im~rovements to be installed. If Owner is
obligated to pay a pro rata share of a cost of a faciTity provided by others, the
notice shall include the amount to be paid ~nd the time when payment must he made.
I II. PERFORMAtlCE OF THE HORK
{\..m::( agrees to perform the work and make the payments required by City as
~ ~ forth herein or as modified by the City Councit. Owner shatt cause olans
and specifications for the improvements to he prepared by competent persons
tegally qual ified to do the work and to submit said jm~>rovement 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 olans 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
CTty at Teast 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-
. <
C 601 PAGE 723
property of Owner is granted to City or its contr~ctor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other ~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 instatlation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disa~rees 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 II which are constructed and completed in accordance with City standards
and requirements and are installed within riohts 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 preclude any hazard to tife or health or damaqe to adjoining property.
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 released '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 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. INDEMN ITV
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 ,..f Injury "including death" to persons or damage to oroperty
suffered thro\JCo" any act or onission, including passive neo,llgence or act of
negligencr, or both. of the Owner, his employees, agents, contractors, sub-
-3-
. ..
,",
C 601 PAGE724
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
, January 6, 1977
~;r;TEST:
'~~ipA~/,~&J4
~".;l } "li.,. '
... ,~' {!}J:.' ~,: 1
CITY OF GILROY
APPROVED AS 'TO FORM
--, ,;:1
IN WITNESS WHEREOF, Owner has executed this agreement as of nth
January, 1977
,p~~~
U
(This document to be aCK.nOtJledged lJith signatupes as they appear on deed of title;
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
in the year one thousand
, before me, Susanne E.
Clerk, City of Gilroy, State of
Josie Fazio
described in and that she
behalf therein named, and acknow-
executed the same.
On this 6th day of
ntne hundred and seventy-seven
Steinmetz , a Notary Public, City
California, duly sworn, personally appeared
known to me to be the person
executed the within Instrument on her
ledged to me that she
January
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.
/'
roy, State 0 C roia
1181; Government ode Sec. 40814.
-4-