Construct Land Development Improvements - Filice Estate Vineyards - Parcel #808-8-3
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NO FEE. GC. Sec. 6103
[ 437i)~G: 162
E 437p!GE 162
6350758
CITY OF GILROY
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7390 Rosanna Street, P. 0. Rox 66
Gilroy, California
95020
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AGREEr~ENT RY mINER OR HIS SUCCESSORS IN INTEREST TO
COflSTRUCT LAND DEVELOpnPJT H1PR0vEt1pns
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Project Ider.tification: Parcel # 808-8-3
This is an aqreement between the CITY OF GILROY, hereinafter
referre,'l.to ~s "City", an1 Fi I ice Estate Vineyards - A
Cal ifornia Co. - Partnership
herei nafter referred to as "Owner II .
l'fHEREAS, Ot'Jner desires to subdivide or develop the property
described in Exhihit ^ and wishes to defer construction of permanent
improvements and Ci ty agrees to such deferment provi ded O\'mer a0rees
to construct improvements as herein provided.
NO'!, T~ lEREFORE. IT IS t\GREED:
1. AGREEr1EilT SrlDPIG on SUCCESSORS Pl nlTEREST
This agreement, to~ether with th~ attached stipulations, is an
instrument affectin~ the title or possession of the real property
described in Exhibit A. Ail the terms, convenants and conditions
h~rein imposed shall he binding upon and inure to the benefit of the
successors in interest of Ovmer. 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 O\~mer of each parcel shall
succeed to th~ ohl i~:lations imposed on fJ1'.'npr by this agreement.
11. STREET AND DRAIIIAGE I~'PROVEf1H1TS
A. City and Owner aqree that t~e improvements set forth in
tlli s sect i on may be deferred for the pur po s e 0 f f i 1 i n gaP arc e I
Map. At such time as any improvement occurs to anyone
of three resultant parcels, the above referenced owners or
their assignees, shall install street improvements fronting
on all of the parcels.
E 437r)~G: 163
B. Owner agrees to construct the followinq 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. )
1. Curb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7 . E 1 e c t ro 1 i e r s
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 cur~ and
property line.
". Street signs
12. Relocation of existinq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public \:Jorks of a storm drainaqe 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
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
C. When the City Director of Public Wo~ks 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 adooted 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 shall be completed. Allor any portion of said im-
provements may be required at a specified time. Each 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 rata 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. PERFORMAtlCE OF THE HORK
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 aqrees to commence and complete the work within the time
specified in the notice given by the Director of Public ~'orks 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 the costs from Owner. Permission to enter onto the
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E 437p~GE 164
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 ~rcperty cwners,
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. 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 IHPROVEMENTS
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 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 preclude any hazard to life or health or damaoe to adjoininq prooerty.
\III. 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 rfleased '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 \TV
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'l to persons or damage to property
suffered through any act or onission, includlnq passive neo,ligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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E 437r)~GE 165
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
April 16, 1979
ATTEST:
C ITV OF G IlROV
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,APPROVED 'A~:~l~ FORM ,/0 ?Ad
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IN \-JlTNESS WHEREOF, Owner has executed this agreement as of /,x
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
State of California
ss.
E 437r)~GE 166
County of Santa Clara
On this 12th day of April, 1979, before me, Notary Public, State of
California, duly commissioned and sworn, personally appeared JOHN M. FILICE,
1'1ICHAEL J. FILICE and FRANK C. FILICE, knavn to be General Partners of Filice
Estate Vineyards and known to me to be the persoIE whose narres are subscribed
to the within instrument on behalf of the Partnership and acknCMledged to me
that such Partnership executed sane.
.
IN WITNESS ~VHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
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~ ~ OFFICIAL SEAL !
:: MILLIE FISHER E
:: -II> NOTARY PUBLIC . CALIFORNIA 1=
;:. PRINCIPAL OfI'lCl III 111I
:: WUNTY O' SANTA C&MA
i My COIIII7IiMIOII Expires January 27, '98' _
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Notary Public