Construct Land Development Improvements - Filice Family Estates - No. 82-3
NO FEE per GC Sec. 6103
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{\G!\::EI"ENi GY O'..iN<=:R OR HIS sucaSSJP,::; I I: I WtREST TO,-'
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Pro j ec t I de:: t i fica t i en: __6~ se 5,~QL~ ~,b.D:eJ /; 8Q8-1..8.::ll~_
C610;'~~:64?
This is an agreement between ~hc CITY OF GILROY, hereinafter
rererred lo as "C'TY" "rd F'lo 01
' ; , cl' ____'-_I.u.-ESlm I y Es ta te
HereinafLc" rererred to as "Q',n'\cr".
i/HEP,EflS, (Iv/We I' desired to subdivide or develop the property
described in Exi,itJit A CJnd ,.,.ishcs :'n defer CO:lstruction of permanent
improve:ner,ts and City dgrees to such dererment provided Owner agrees
to con~tl'uct imp,'ovements as herein provided.
NO;!, THER:::r:Or<F:, IT IS f\GREED:
1. r\GREU~~NT Elt~[:r'.!G Ot~ S~J~CESSORS Itl INTEP.!::ST
This agreemc;r;l, together with the attached stiflulations, is an
instrul:'2n~ affecti:'9 the tit:c; 0;' !,cssession of the i'pal property
u';scribed in Eyribit A. All the terris, cOllvenants ;:;nd conditions
herein imposed shall be binding upon and inure to the benefit of the
successors in interest of C,'mer. UpOI) the sale cr division or the
property d~scribed in Exhib;t A. The tprms or this agrecm2nt shall
apply seporot0ly to each parcel and the owner of each parcel shall
succeed to the obi igations imposed on Owner by this agreement.
I!. STREET AND DRI\INI\GE 1~1f'~O\!tYIUJTS
A. City and Ol-lIler agree theit the improvements set rorth in
this section may he deferred because: These improvements are inappropriate
a t t his I. i me .
G 610 ;1.~G: 648
B. Owner agrees to co~struct the following improvements on the
property described Exhibit A as we! I uS required off site improve~ents
in the manner set rorth in this agreement:
Improvements required
generally described below.
required.)
by the City Jepartment of Publ ic Works as
(Cro';s out il'lprovements that are not
1. C~rb and gutter
2. Sidewalks
3. Driveways
4. Street grading, base and paving.
5. Storm drainage faci I jties
6. Erosion control plantings and racil ities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Oarricades and other improvements needed ror trarric safety
10. Street trees and other improvements between the curb and
property 1 i ne.
11 Street signs
12. Relocation of existing fences, signs and uti lities.
13. Payment or a pro rata share of the costs as determined by the
Department or Publ ic Works of a storm drainage or street improvements
which has been, or is to be, provided by Owner and others where such
facility benerits the property described in Exhibit A.
14. Engineering and inspection and plan check rees
IS. Sanitary sewagc racil ities
16. Water system.
C. When the City Director or Public Works determines that the reasons for
the deferment or the improvements as set rorth in section I I 0 longer exist,
he shall notiry Owner in writing to commence their installation and construction
The notice ~hall be mai led to the current O\'mer or O\'mers or thc la'1d c"s shCl\.m
on the latest adopted county assessment roll. The notice shal I desc~ibe the
work to be done by owners, the time within which the work shal I commence and the
time within which the work shall be completed. Allor any portion or said im-
provements may be required at a specified time. Each owner shall participate on
a pro rata basis in the cost or the improvements to be installed. Ir owner is
obI igated to pay a pro rata share of a cost or a racil ity provided by others. the
notice shall include the amount to be paid and the time when pay~ent must be made.
III, PfRFORMANCE OF THE WORK
Owner agrees to perrorm the work and make the payments required by City as
set rorth herein or as modiried by the City Council. Owner shall cause plans
and specirications ror the improvements to be prepared by competent persons
legally qualiried to do the work and to submit said improvement plans and
specifications ror approval prior to commencement or the work described in the
notice and to pay city inspection fees. The work shall be done in accordance
with city standards in errect at the time improvement plans are submitted for
approval. Owner agrees to commence and complete the work within the tim~
specified in the notice given by the Director or Publ ic Works and to notify th
City at least 48 hours prior to start or work. In the event Owner rails to
construct any improvements required under this Clgreement, City may, at its option
do the work and collect all the 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.
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IV
JOINT COOPERATIVE PLAN
G 610 ;'~G: 649
Owner agrees to cooperat2 .:~~n noti~~ bi City with other p:operty cwners,
the City and other publ ic agencips tc provid~ the Improvements s~t forth herein
under a joint cooperdtive pla~ inc]ucing the rormation of a local improvement
district, if this method is rcasible to secure the installation and construction
of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in any notice to
commence installation or improvements he chillI, within 30 days or the date
the notice wal mai led, request a review of the requirements by the City Counci I
The decision or the Council shall be binding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMFNTS
City agrees to accept ror maintenance those improvements specified in
Section I I which are constructed and completed in accordance with City standards
and requirements and are instal led within rights of way or e~sements dedicated
and accepted by resolution or the City Counci 1.
Owner agrees to provide any necessary temporary drainage raci I ities, access
road or other required Improvements, to assume responsibility for the proper
runctioning thereor, to submit plans [0 the appropriate City agency ror review,
ir required, and to maintain said improvements and raci 1 ities in a manner which
wi 11 preclude any hazard to I ife or health or damage to adjoining property.
VI J. BONDS
Prior to approval or improvement plans by the City, Owner may be required
to execute and del iver to the City a raithrul perrormance bond and a labor and
materials bond in an amount and rorm acceptable to City to be released by the
City Council in \oJhole 0, in p<:::rt UpCiI cump12tioll of the vlc,rk (equir-ed and p::.yment
of al I persons rurnishing 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 perrormance or the work cal led
for herein, a separate pol icy or insurance in a rorm and amount acceptable to
City.
IX. INDEMNITY
The Owner shall assume the derense and indemniry 2nd save harmless the
City, its orficers, agents and employees, rrom every expense, I iabi I ity or
payment by reason of injury "including death" to persons or damage to property
surfered through any act or omission, including passive negligence or act of
negl igence, or both, or the Owner, his employees, agents, contractors, sub-
contractors, or anyone directly or indirectly employed by either of them, or
arising in any way rrom the work called ror by this agreement, on any part or
the premises, including those matters arising out or the dererment or permanent
drainage racilities or the adequacy, sarety, use or non-use of temporary drainage
fa~i lities, the performance or non-perrormance or the work.
-3-
G 610 ;'~~: 650
This prevIsion sholl no:' be (~('c.:~:C(' LO requ: fC the O\vr.er to Indenr;1ify the City
against the lia0ility fl,r dam,c'~;(; a~i",in~j fro:" the sole negligence or willful
misconduct of the City or its agents, servants 01' independent contractors who
are directly responsible to the City.
IN WITNESS WHEREOF, Ci ty has cYec~t~d this agreement as or
February 1, 1982
ATTEST:
CITY OF GILROY
APPROVED AS TO FORM
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rC i ty . C' I e r.k ' '
(~1, ~,a ( (((/!~l /lL-
C@torney "
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IN WITNESS \4HrREOF, Ovmer h.Js executed this agreement as or
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(This docwnent to be acknowledged ;;J,'U7 sigYlG0leY8 as they appeal" on deed of title)
STATE OF CALIFORNiA )
) ss .
County of Santa Clara )
On this
nine hundred and
day or in the year one thousand
berore me,
,a Notary Publ ic, City Clerk, City or Gilroy,
duly sworn, personally appeared
described in and that
instrument on behalf therein named, and acknow-
executed the same.
State 0' Cal irornia,
known to me to be
executed the within
1edgcd to me that
IN WITt~ESS WHEREOF I havc hcreunto sct ~y hand and arrixed the orricial
seal of the City or Gi lroy in the County of Santa Clara the day and year in
this certiricate rirst above written.
City Clerk, City of Gilroy, State or Ca1irol'n:a
per Civil Code Sec. 1181; Government Code Sec. 40814
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.......__ ....__........~_~.,'""J!' _.-. -'__"-"',.,-_ """"_,_,,,"-_:.~,,.,.,...._....~~ ,- ," ........."'....."...... "'~.~'-'-C____""'''''''''''"S'",;;.'' .."_'.r,.-_~"'",",',''''''''=-~'''__.,~.'='''.',",".,,,,.O;,.-,.,-",,,~_.''.:.'.'.__~!UO"':'_""'."",,"_',',',,,,:"".,'_r.._'__..,__'_'>_'::'. .
STATE OF CAliFORNIA,
COUNTY OF
SANTA r:LARA
~ 55,
G 610:>!t: 651
ON__ JANUARY _ 26, 1982 ______~Il_,
before me, the undersigned, a Notary Public in and for said State, personally appeared
JOHN M. FILICE
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Ci(Y~IM RMFtRTyl~
~r~:TARY P:.'l: :c ~ Ci\L!FORNIA !
S/ll'~ :2~_,\:~A C2JUNiY ,
'--- (,~. ; or, ti:'" 1'}.. ~13 I
C8ueral---- ,knowntome,
to be one of the .f>artners of the partnership that executed the within Instrument, and acknowl,
edged to me that such partnership executed the same,
,-
WITNESS my hand and official seal.
ACKNOWLEDGfolENT-P.rt...rshi~Woltolts form 23S--Aev, 3-64
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