Construct Land Development Improvements - Ghirlanda, Angelo & Margaret
NO FEE per GC Sec. 6103 .
E 98,1 ?~:: 205
658GO~8
FILED FOR REGO~O
AT REQUES r Or,
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Nov 30 4 34 PM '19
E 984 p~~: 205
CITY OF GILROY J
\J\1'\ 7390 Rosonna Street. P. n. Rox 6f ~..
\ Gilroy, California
95020
OFflC1AL RECOROSL
SANTA CLARA CQIJ.Nl),~
GEORGE AMANN .. ..... ..0
REGt:;:nA~ m::CO_RDERi
AGREH1Ern BY mINER OR HIS SUCCESSORS IN INTEREST TO
CmlSTRUCT LAND DE\fELOPtlENT H1PR0VEf1PlTS
Division of Parcel 2, Book 401 of Maps,
Pro.ect Identification: Page 3~ in PTN. of Lot 11 - S~bdivision of
J Las AIII"laS Sublot 11 (;. Lc!ls Allllllc!lS Ranch Lot 30
This is an aqreement between the CITY OF GILROY, hereinafter
referre~Lto ~s "City", an'i Anqelo Ghir1anda and Marqaret Ghir1anda
herei nafter referred to as "~""~':'rll.
!fHEREAS, Ot'mer desires to subdivide or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
nOll, THEREFORE. IT IS t',GREEO:
1. AGREEnENT BFlDP1G Oil SUCCESSORS Pl INTEREST
This agreement, toqether with th~ attached stipulations, is an
instrument affectin~ the title or possession of the real proper~y
described in Exhibit A. All the terms, convenants anrl conditions
h~rein imposed shall ~e 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 ,n... the tems of this agreement shall
apply separately to each parcel and the owner of each parcel shall
succeed to the oh1 i9ations imposed on al'mer by this aqreempnt.
11 . STREET AND DRAHlAGE WPROVF.J1HITS
A. City and nwner ~qree that the improvements set forth in
this section may be deferred because: Complete improvements are not
appropriate at this time.
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E 984 p~'~: 2C6
B. Owner agrees to construct the following improvements 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 Department of Public Horks as
generally described below. (Cross out improvements that are not
required.)
1. Curb and gutter
2. Sidewalks
3. Driveways
~. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantlnas 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.
II. 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 \:Iorks 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 Wocks 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 adoDted 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 imorovements 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 \-fORK
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 olans
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 aoproval 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 Horks 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 984 ?~~: 2G7
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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 ~rcp€rty 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. REV I H! OF REQU I REMEtlTS
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 IMPROVEMWTS
City agrees to accept for maintenance those improvements specified in
Section I I 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 adjoining prooerty.
\f I I. BO~!OS
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.
VI II. 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" to persons or damage to property
suffered through any act or onission, includlnq passive negligence or act of
negligence, or both, of the Owner, his employees, agents, contractors, sub-
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E 984 P!~E 208
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
November 5, 1979
ATTEST:
CITY OF GILROY
IN WITNESS WHEREOF, Owner has executed this agreement as of
November 2, 1979
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(This doaument to be ackn(](;)Zedged with signatU!'es as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On th is 2nd day of November in the yea r one thousand
nl ne hundred and seventy-ni ne , before me, Susanne E.
Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of
California, duly sworn, personally appeared Angelo Ghirlanda & Marqaret Ghirlanda
known to me to be the persons described In and that they
executed the within Instrume~t on their behalf therein named, and acknow-
ledged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year In
this certificate first above written.
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'RECORDING REQUESTED BY
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Ti~t,'l{~ '_~n.suro_n,Ge and Trust Corn
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ANO W"'~f..N 1t[COJlloe:o MAIL TO
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OR P~OTOGR _. S MAK'!::S
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SPACE ABOVE THIS LINE FOR RECORDER'S USE--
Individual Grant Deed
THIS FORM FURNISHED BY TICORI lTL.E INSURERS
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The undersigned grantor (s) declare I ~) :"
f) f. ~ !1.C}!1(..
ocumentary trans er tax IS v-______
( ) computed on full value of property cOlJleyed. or
( ) computed on full value less ,alue of liens al1d t'ncumlnances remaining at time of sale.
( ) Unincorporated area: (Xl City of \:;:11_______________"_____ and
FOB A V,b,LUABLE CONSIDERATION. rt'ceipt of "hich IS hereby acknowledged,
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hereb\' GHANT1S) to
CI"rY ('17 l'~ T~j~( ,,\' .~ "\1 ~C
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the following described real property in Ill\'
County of :';;,'1nt'8. CIH't"a
, State of California:
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