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Construct Land Development Improvements - Filice, Michael and John "t:~~NfJ~:~~~~;~,;~~~_:",~'::~-;:0-~'-:~'_~'::':~~-;"<.:r:;.:~:~~,~~rJ':':~~V1::,:~,~~3.cri;'~-:~:'I;=",~:~!:3t..::,~::~~:;;/?:~=;,:rr~.--,~~~,""'~:~~~~ .._;..::.....~"...,'~"",~~ ','~"":~.~::-.~_"-_:-;<o",-',."o-::~,...!'..',.';;:~if ~~ NO FEE per GC Sec. 6103 ,'387528 r- -"-"'-'--"'1~'- ._~ I I , ~ 1 I ~. .'....'..'..........,,' ,-" ~ ,'_, .~_... . '".'r, _"""""', ''.'I'':~ I 'JAL"ILXE"ifl~ k:V ~~ 1 .,,~ CITY OF GILROY 7351 Rosanna Street, P.O. Box 66 Gilroy~ California 95020 L~;:/i;3~J________ r~,":T; (: !' G838 rabE 494 I Projecd AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPlffiNT IMPROVEMENTS #841-16-056 Identification: Assessor1s Parcel This is an agreement between the referre~ to as "City", and M i rh::lp 1 i \ . City of Gilroy, hereinafter I ::Inri Inhn M Filicp 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 provided Owner (or Successor in interest) agrees to construct improvements as herein provided. 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 IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: of the formation of an assessment district in this area. In the event the assessment district is not formed the owner agrees to dedicate the needed rights-of-way on 10th Street Alexander , Street and 9th Street. B. Owner agrees to construct the following improvements on or adjacent to the property described on Exhibit A as well as required off site improvements in the 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. Sidewalks. 3. Driveways. 4. Street grading, base and paving. 5. Storm drainage facilities. 6. Erosion cOhtrol 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 11 ne . 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 Works 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 fees. 15. Sanitary sewage facilities. 16. Water system. .1BW~I- 1I118"-"~i _H. 1aI:$-1IIlIf__ _~_11"_.' G838PAGE495 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 commence their installation and construction. The notice shall be 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 basis in the cost of the improvements to he installed. If owner is obliga:ted to pay a pro rate share of a cost of a facility provided hy others, the noti I shall include the amount t~ be naid and the time when payment must be made. II I . PE OF THE WORK 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 specieications for the improvements to be nrepared by competent persons legally qJalified to do the work and to suhmit 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. ~lner agrees to commence and comnlete the work within the time specified in the notice given hy the Director of Public Works 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 REVIEvT OF REQUIREHENTS If Owner disagrees 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 IHPROVEHENTS 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 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. 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 a 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 INSTJRANCE 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 INDEHNITY 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 G838pWE49~ omission, including passive negligence or act of negligence, or both, of the Ownert his emp10yeest agents, contractors, sub-contractors, or anv one directly or indirectly employed by either of them, or arising in any way from the ~wrk called for by this agreement, on any part of the premises, including those matters arising out of the deferment of pernanent 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 TlliEREOF, City has executed this agreement as of June 7 ~ 1982 ':-'i! 1,.;1 ,.: AT'l;'.EST:' t) CITY OF GILROY '>",; ~..i :"';~~ ;": ' '''''~'.. -,' . ., ~~' :.,'/ ,.<c ~\.. l t,i Ii l\~ i AS TO FOIDl (,.::.../ IN WITNESS T-lliEREOF, Owner has executed this agreement as of t1?77Ay ~,~ /'Jy ~ ~ J11.~ .-- ...--- /~...c.v'~ ---- ~ STATE OP CAUPORNIA t .. .. STATE OF CALIFORNIA COUNTY OF SANTA (;1 ARA On this ? 7 r h day of MA Y in the year one thousand nine hundred and EIGHTY-TWO , before me, CRYSTAL RAFFERTY , a Notary Public, State of Califomia, duly commissioned and swom, personally appeared JOHN M. FILICE ct) r:tJ ~ ~ -'Iii -pi,. C1 rn ~ ~ { known to me to be the person _ whose name subscribed to the within instrument and acknowledged to me that _ he __ executed the same. IN WITNESS WHEREOF I have hereunto set my hand andafJixed my official seal in the CITY OF GILROY County of SANTA C,T.ARA the day and year in this cert' . ate first above written. I , Thlsdocument IS only a general form which may be proper for use in simple transactions and In no way aels, or IS Intended to act, as a substitute for the advice of an attorney The publisher does not make any warranty, either express or Implied as to the legal validity of any prOVISIon or the sUitabIlity of these forms In any specific transaction My commission expires Cuwdery's Form No. 32 - Acknowledgement - General (C. C. Sec. 1190a) :::d~;/O~U=;'~~:\IlfS7~~:er -::l:i~;~~,~[::~~~lf::~~~~'sanne; =:i~~tl;:~:~i:~warrantv, elltler el(press or Implutd, 35 to the legal ....._.~~lic. S ateof.~~~i'-'~'''' My Commission ExPires._.._.AU1.J.\....l~t~j..__........_....... CowdUf'a Form No. 46 (Aclmowledamcnt-Witlleaa) (c. C. SCCll, 1195.1197, C. C. P. Sec. 1935) . (FEB,80) \ \ City Clerkt City of Gilroy, State of California per Civil Code Sec. 1181; Government Code Sec. 40814 --I G838p~Gf4S8 tl ~ ! I I I ~ ij I I i r:::~r- I -' i Bqn]es : ! I EXHIBI.T '~A~! J'Qhn ,M. :Fi.lice and ,Michael J. Filice Agreement crl Ln. . ~9! Ii Ii' ~ ... ~ \ I f f . \ r t- f .\ t . ~ ., i