Construct Land Development Improvements - Filbro Development Company
NO FEE per GC Sec. 6103
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CITY OF GILROY
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\!,7351 Rosanna Street, P.O. Box 66
: Gilroy, California 95020
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPHENT IMPROVEMENTS
Project Identification:
Assessor's Parcel #841-16-048
This is 'an agreement between the City of Gilroy, hereinafter
referred to as "City", and Filbro Development Company
hereinafter referred to as "Owner".
WHEREAS, Owner of the property described in Exhibit A, wishes to defer
construction of permanent improvements and City agrees to such deferment
provide~ Owner (or Successor in interest) agrees to construct improvements
as herein provided.
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NOW, THEREFORE, IT IS AGREED:
I.'
AGREEMENT BINDING ON SUCCESSORS IN INTEREST
,~
This agreement, together with the attached stipulations, is an instrument
affecting the title or possession of the real property described in Exhibit A.
All 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
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 IMPROVEHENTS
A. City and Owner agree that the improvements set forth in this section
may be deferred because:
Of the formation of an Assessment District for Alexander Street and 10th Street;
and the lack. of other developments on B~nes Lane_ (See additional Stipulat;Lons,
attached) _
B. Owner agrees to construct the following improvements on or adjacent to
tbe property described on Exhibit A as well as required off site improvements
in tbe 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 gutter.
-2-.--~l4.
3. Driveways.
4. Street grading, base and paving.
S. Storm drainage facilities.
6. Erosion control plantings and facilities.
7. Electroliers.
8. Underground conduit with wiring and pull boxes.
9. Barricades and other improvements needed for traffic safety.
10. Street trees and other improvements between the curb and property
, line.
11. Street signs.
12. Relocation of existing fences, signs and utilities.
13. Payment of a pro rata share of the costs as determined by the
Department of Public ~orks of a storm drainage or street improvements
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhibit A.
14. Engineering and inspection and plan check f€c8.
15. Sanitary sewage facilities.
16. Water system.
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H022!'.',GE601
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in section 11 no longer
exist, he shall notify Owner in writing to cor:nnence their installation and
construction. The notice shall he 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 th~ work shall be completed. All of any portion of said
improvements may be required at a specified time. Each owner shall participate
on a pro 'rata hasis in the cost of the improvements to be installed. If owner
18 ob11ga,ted to pay a pro rate share of a cos t of a facility provided by others,
the notic1e shall include the amount t~ be paid and the time when payment nust be made.
III. PER ORl'1ANCE OF THE HORK
I .
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 speci(ications for the improvements to be prepared by competent persons
legally qJalified 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 comolete the work within the time
specified in the notice given by the Director of Public \.Jorks and to notify the
City at least 48 hours prior to start of work. In the event Owner fails to
construc~ 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 formation of a local improvement district, if this
method is feasible to secure the installation and construction of the improvements.
.
V REVIEH OF REOUIREHENTS
If Owner disagrees with the requirements set forth in any notice to commence
installat ion 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.
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VI MAINTENANr.E OF DtPROVElfENTS
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 rights of way or easements dedicated and accepted by resolution
of the City Council. ,
Owner agrees to provide any necessary temporary drainage facilities, access roads
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
life or health or damage to adjoining property.
VII BONDS
Prior to approval of improvement plans by the City, Owner may be required to
execute and deliver to the r.ity a faithful performance bond and a labor and materials
bond in an amount and form acceptable to City to he released by the r.ity Council in
whole or in part upon completion of the work required and payment of all persons
furnishing lahor and materials in the performance of the work.
VIII
INSIJRANCE
Owner shall maintain, or shall reQuire any contractor enga~ed 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 INDEt1NITY
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 persons or damage to property suffered through any act or
H 022 i".Gr. 602
.
omission, including passive negligence or act of negligence, or both, of the ~Jner, his
employees, agents, contractors, sub-contractors, or anv one directly or indirectlv
employed by either of them, or arising in anv 'Hay from the work called for bv this
agreement, on any part of the premises, including thosp. TI'atters arising out of the
deferment of permnent drainage facilities or the adequacy, safety, use or non-use of
temporary drainage facilities, the perfornance 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 raisconduct
of the City or its agents, servants or independent contractors who are directly
responsible to the City.
IN WITNESS \1HEREOF, City has executed this agreeme.nt as of
o
August 16, 1982
ATTEST:
CITY OF GILROY
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/ CITY. CLER .
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APPROVED
ATTORNEY
.
IN WITNESS llHEREOF, Owner has executed this agreement as of
8th
September 1982
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this 8~h day of Septanber in the year one thousand nine
hundred and eighty-two , Notary Public, City Clerk, City of Gilroy,
State of California, duly sworn, personally appeared Val Filice & Ernest S. Filice
known to me to be the persons described in and that they
executed the within instrument on thelr behalf therein named, and
acknowledged to me that they executed the same.
IN lITTNESS HHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa ~lara the day and year in
this certificate first above written.
\
ity Clerk, City of Gilroy, State of
per Civil Code Sec. 1181; Government
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EXHIBIT "A"
Filbro Development Company Agreement
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H 022 r'.',GE 603
ADDITIONAL STIPULATIONS
FILBRO DEVELOPMENT COMPAl~Y AGREEMENT
1. "Owner" shall maintain the portion of Banes Lane adjacent to his
property in a manner which is acceptable to "City".
2. "Owner" will improve his portion of Banes Lane upon development of any
other property along Banes Lane, or when required by "City" as per this
agreement (Section II C.) these improvements shall include but are not
limited to curb and gutter, street grading base and paving; sewer and
water mains; undergrounding utilities etc.
3. Area fees for the balance of the parcel (7.036 acres) and any front
footages fees for the corresponding street frontages will be deferred
until its development. (Water, sewer and drainage in Alexander Street;
water and sewer in Tenth Street.)
ACCEPTED ~?:Q
DATE: September 8,
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1982