Construct Land Development Improvements - Filice, John and Michael
NO FEE per GC Sec. 6103 .
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REC. FEE
MICRO
G 782 ;)~Gt 539
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C lTY OF GILROY
UEN NOT
7351 Ro~anna Street, P.O. Box h6
Gilroy, California 95020
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Ar.REEtIFNT BY mlNFH OH III S Sllr.CESSOI{S IN INTERFST TO
CONSTRI/r.T I.AND DEVELOPtlENT Itll'/{OVI':m:NTS # 8 2 ~ 14
Project ldenti ficat ion: --As.se.s..s.o~_Ear.c.e..l_#it4.1~ 16-Q 56__________ _ __
This is an agreement hetween the r.ity of r.11roy, hereinafter
referrerl to as "City", and John M. Fi1i.Qe-'ill~}1icha~_J~lice______
_.._._._-------_._-_._----~_.._.._-_._-_.__._._--
hereinaf ter referrt~rl to as "Owner".
HHEREAS, Owner of the property descriheel in Exhlhit A, wishes to dt~fer
construction of permanent improvements anrl City agrees to such rleferment
provirled Ownc>r (or Successor in intere6t) agrel's to const ruet improvements
as herein provided.
NOW, THEREFORE. IT IS AGREED:
I. M-;REEtIENT IH NDINr. ON SIJr.r.~:SSOHS IN I NTI':I<EST
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This agreement, together with the attacherl stip,dations, is an instrllrlf~nt
affecting the title or posscbsion of the real prooerty descriherl in ~xhihit A.
All tht~ terlll~, convenants and condltiollH herein imposed shall hl~ hindlnf! upon
anli inure to the henefit of the successors in intere~H of Owner. Upon the Hal(~
or division of the property descrihed in Exhihit A. the terms of this agn'elllei1t
shall apply separately to each parcel and the owner of each parn'l shalL succeed
to the ohligations imposed on Owner by this agrel~rnent.
I I. STREET AND DRAINAGE ItIPIWVEtlENTS
A. r.ity and Owner agree that the improvements set forth in this section
may he deferred hecause:
These improvements are inappropriate at this
time.
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B. Owner agrees to construct the following improvements on the property
descrihed on Exhihit A as well as required off site improvements in the ll1ilnner
Set forth in this agreement:
Improvements reQuired by the Ci ty Department of Puhlic Horks as generally
described helow. (Crol:is out improvements that are not reQuireci.)
1. r.urh and ~utter.
2. S i ciewa lks .
3. Driveways.
4. Street j.{radin~, hatie and paving.
5. Storm drainage facilities.
6. Erosion control plantings anci facilities.
7. Electrolier~.
8. IInderground conduit with wirinf~ and pull boxes.
q. Rarriclldcl> anel othf'r improvernentH flt~l'deel for traffic saf(~tv.
10. Street trees anel other impr()venll~nts hetween the eurh and property
line.
LL. Street signs.
12. Relocation of existing fenCf~s, signs anci utilities.
13. Payment of a pro rata share of the costs as dcterminl~d hy tile
DI~partment of Puhlic Works of a storm cirainaf(e or s[n~l't improvemt'nts
which has been, or is to be, providl.d hy Owner and others where such
facility benefits the property ciescrthed in Exhihit A.
L4. Engineering and inspection and plan dll'ck fel~s.
15. Sanitary sewage facilities.
16. Water system.
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G 782 f}~Gt 540
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements 01> 1>et forth in 1>eclion 11 no l{)ngt~r
exist. he 6hall notify Owner in writing to commence their installation and
construction. The notice shall he mailed to the current owner or owners of the
land ati shown on the latetit adopted county aSSetHiment roll. The not ice sha 11
deticrihe tlw work to he done hv owners, the time within which tlw work shall COl1lllWnCe
and the time within which the work tihall he completed. All of any port ion of said
improvements may he required at a specified time. Each owner shall participate
on a pro rata ha1>iti in the COHt of the improvements to he installed. If owner
i6 obli~ated to pay a pro rate share of a cost of a facility provided hy others,
the notice shall include the amount to he paid one! the time when payment ll11st he made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make tlw payments required hy City
as set forth herein or as modified hy the City Council. Owner shall cauSe plans
and Hpecifications for the improvements to he prepared hy competent persons
legally qualified to do the work and to suhmit said improvement plans and
specifications for approval prior to commencement of the work descrihed in the
notice and to pay city inspection fees. The work shall he done in accordance
with ci ty standards in ef fect at the time improvement plans are suhmi t ted for
approval. Owner agrees to commence and comnlete the work within the time
specified in the notice given hy the Director of l'uhlic Works 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 tio the work and collect all COHts from Owner. Permission to enter onto
the property of Owner is granted to City or its contractor as may he necessary
to cons t ruct such improvements.
IV JOINT C()OI'EKATIV~: PLAN
Owner agrees to cooperate upon notice hy 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 fea6ihle to 6ecure the in6ta11at10n Hnd con6truction of the imJlrOVel111~nts.
v REVrr:W OF REOUIREt1ENTS
If Owner disagrees with the requirementl:i set forth in any notice to commence
installation of improvements he shall, within 30 days of the date the notice was l~il~c1,
request a review of tlw requirements by the City Council. The decision of the Council
shall be binding upon hath City and Owner.
VI MAINTENANCE OF It1PROVEt1ENTS
City agrees to accept for maintenance those improvements specified in Section II
which are constructed and completed in accordance with City standards and requirements
ancl are installed within rights of way or easements cledicated and acceptecl hy resolution
of the City Council.
Owner agree6 to provide any necessary temporary drainage facilities, accel:iS roads
or other required improvements, to assume responsihility 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.
V II BONDS
Prior to approval of improvement plans hy the City. Owner may be required to
execute and deliver to the City a faithful performance bond and a lahor and materials
bond in an amount and form acceptahle to City to he released by the City Council in
whole or in part upon completion of the work required and payment of all persons
furnishing lahar and materials in the performance of the work.
VIII
INSIJkANCE
Owner shall maintain. or shall require any contractor engaged to nerform the work
to maintain, at all times during the performance of the work called for herein, a
separate policy of in6urance in a form anti amount acceptable to City.
IX INDEtfNITY
The Owner shall assume the dt~fense and indemni fy and save harmless the Ci ty. its
officers, agents and employees, from every expense, liahility or payment hy reason of
injury "including death" to persons or damage to property suffered through any act or
G 782 :'~GE 541
or.~1ssion, includin~ passive negligence or act of negligence, or hath, of the Owner, his
employcea, agenttl, contrtictortl, twh-contractoni, or anyone cHrectly or Indin~ctly
employed by either of them, or arising in any way from the work called for hy this
agreement, on any part of the premises, including those matters arisin~~ out of the
deferment of permanent drainage facilities or the adequacy, safety, use or non-use of
tcmportiry drtiilla~e fdcllitictl, the pcrform<lnce or Il()n-p(~rf()rmtillct! of tilt! work.
This provision 6hall not be deemed to require the Owner to Indemnify the r.ity
against the liability for damage arising from the sole negligence or willful misconduct
of the City or Itli 8)(ents, servantl:l or Indepencient contractors who /Ire cifrcct}y
rctipontllhle to the City.
IN WITNESS I/IIEREOF, City has executed this agreement as of
" ~a~ 3, 1982
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ATTEST:
CITY OF GILROY
APPROVED ~~ TO FO~t
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CITY ATTORNEY /
IN WITNESS \nlEREOf, Owner hal:i executeci thit:> agreement as of
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(This document to be acknowleciged with signatures as
ST A TB OF CAUFORNIA
-......-....-..---...C OWf/y ol---Ba T1 r::l r.l::l r ::l
0" thir---2.2.0.d...-day of Apr i 1
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I IS. G 782 ~).~GE 542
--.._.i" the year one thousand nine hundred and..eight;y.=.t.w'O'......_...._m., before me
..0 Notary Public. State of California, duly commir.riOfted and swom, personally appeared
...........J.QHlLM..-..EILICE-&...MI.C.H.AEI....J._-E.ll..ICE-.._..._......___................................
knoum to me to be the PersOft..S.whose rwmeJ3....-AB.E___..subscribed to the withi" i""trumeJIt
as-.-.-.witftt!sS___thereto, who, bei"g by me duly SWDnl._.__.._.__.__.........._..__.._.._._.
deposed a"d said: that-.B1L.._..reside -_.i;.-~ITY....QE...G.lLRQY__.._........_...C ounty of
hm--n--......nS.ANT.A_.Q1AM_.__..__..___._., Stote of..GAL.I.Enn'-TI ^
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that-'-.......E...._.w_A~.._.preseftt and saw.----..J.QIDLM..--EIL.ICE_.&...MICHAEL_..I-....F.I.L I CE
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(Personally knoWft to_..H.lM..._.to b: the P;;.;~~~;~:i;;~.i~~.::;;;;;i:o..;~~~~;;j.~~;..;:~
within i""tru",eftt as part._1E.S.._thereto), .rign, stol, arul delit/er the same,' that the said
..-...-.... J OHN..l1.~..-fr.1.IQE.......&._MlCllAE.L.....1......EIL.ICE..._.._.._._.__.___..__.....__..........__..
.---n__mm.......__.m.......___.._...._.._...._..._.._.._....____._.-..._duly acknowledged ill the presence of
said alJia"t....._., that.....IHE'.Y_.muuffled the same a"d that-HE_.__..__, the said aflia"t.__.,
thereupOtJ, and at the request of said-..JQlllL11..-.F~L.IC.E...&...MJ.c.HAEL.....L.-_F.JU..H;-E
..m---.._.______....m___.., S1Ibscribed_-Hl.S..-_.name......as..__..witness_._.__.thereto.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
in the........._.____.___._..C ounty o/.--.-SMT.A..-CLARA...._..........m......the day and year in thir
certificate /irst abOfJe writteft. fi;....--...-;/ ". ....//.
This doc~menl is only a general form whIch may be, proper for use in simple transaclions and in no way acts Or is ,ntended to ,I~.:,
:,';d::Y 'o:U.".:;'~~:;',:~~~:~ ::':,~;:.~,~''::~:..Tf::~~~~'~:: ::;,~~',::~::c:,:~ WMnty. e"he, ..p.... 00 ,mp,;.., .. 10 ,he '"'' ;/. J,t (L/.'I!,; /) '"nil;; i ~, /!~
co.~~ l.o~~~'l~~ t~1~t1'r~~ti93\~i~). (FEB, 80) ..... l. =7:...-T&:C.U.::~i~.~u{;ti~';;~:::;~~~~
My Commission txpiTes.-..-AUG.._2.3..._..19.a5.~::~.....m_.......
CRYST,~L Ri\FFERTY
NOTARY PU8L1C - CJ\L!FORNIA
S;>HA (::J'.R/, CCUNfY
~,,1v C':_,r~l;,I~'i:,>l EXDj,"::S Aug. 2], /ges
EXHIBI.T 'tA'~
Bo-nes
John M~ Fili.ce and Michael J. Fili.ce
Agreement
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