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Construct Land Development Improvements - Lazzarini, Edward .. - ... - AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST CONSTRUCT LAND DEVELOI)11ENT 111PROVEI1ENTS 72641,65 C 565 i',~G: 531 FILED FOR RECORD A T REQUEST OF ~~2~ JAN ? 1 1982 II: 3;;1.. l).nL 't>FFIClflL RECORDS TO SANTA CLARA CXiNTY GEORGE l. MANN 82-IREGISnU\;\ RECORDER Project Identification: Assessor's Parcel #810-29-003 r;-;-F~r:WU-l !~~~~-":::'t--l I~O _I j 1..IL :11:1-- ,.\1 ':'lT1j E"fv.\J' I (:~ ~-;-F 11---- , \.);.;,1 \--_..,--_-..-..- CITY OF GILROY 7351 Rosanna Street, P. O. Box 66 Gilroy, California 95020 This is an agreement between the CITY OF GILROY, hereinafter referred to as "CITY", andEdward J. Lazzarini Hereinafter referred to as "Owner". WHEREAS, Owner desired to subdivide or develop the property described in Exhibit A and wishes to defer construction of perm~nent improvements and City agrees to such deferment provided OvJner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED: '.: 1. 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 uescribed 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 shal I 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: at this time. These improvements are inappropriate All improvements and fees will become due with the development of either parcel. G 565 :'!GE 532 B. Owner agrees to construct the following improvements on the property described Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by the City Department of Publ ic 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 faci lities 6. Erosion control plantings and facil ities 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 1 ine. 11 Street signs 12. Relocation of existing fences, signs and uti lities. 13. Payment of a pro rata share of the costs as determined by the Department of 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 benefits the property described in Exhibit A. 14. Engineering and inspection and plan check fees 15. Sanitary sewage facil ities 16. Water system. C. When the City Director of Publ ~,c Works determines that the reasons for the deferment of the improvements as set forth in section If, 0 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 shal I commence and the time within which the work shall be completed. All of 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 instal led. If owner is obliguted to pay a pro rata share of a cost of a facil ity provided by others, the notice shall incluue the amount to be paid and the time when payment must be made. lll, PERFORMANCE OF THE WORK Owner agrees to perform the work and make the payments required by City as set forth herein or as modified by the City Counci 1. 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 agrees to commence and complete the work within the time specified in the notice given by the Director of Publ ic Works and to notify th 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 property of Owner is granted to City or its contractor as may be necessary to construct such improvements. -2- IV JOINT COOPERATIVE PLAN G 565 p,~GE 533 Owner agrees to cooperate upon notice by City with other property owners, the City and other publ ic 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 disagrees with the requirements set forth in any notice to commence installation of improvements he shall, within 30 days of the date the notice wal mailed, request a review of the requirements by the City Counci 1 The decision of the Counci I shall be binding upon both City and Owner. VI. MAINTENANCE OF IMPROVEMENTS 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 instal led within rights of way or easements dedicated and accepted by resolution of the City Counci 1. Owner agrees to provide any necessary temporary drainage facil ities, access road or other required Improvements, to assume responsibi 1 ity 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 faithfut 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. V I I I . INS U RAN C E Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work cal led for herein, a separate policy of insurance in a form and amount acceptable to City. IX. INDEMNITY The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, 1 iabil ity or payment by reason of injury "including death" to persons or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub- 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. -3- . G 565 \'!GE 534 This prOVISion shall not be deemed to require the Owner to 'ndenmify the City against the 1 iabi I ity for damage arising from the sole negligence or wi Ilful 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 January 18, 1982 ATTEST: CITY OF GILROY ~~?~ '1' 17 {W!t !I!1 " . APPRON::ED, AS TO . FORM C IN WITNESS WHEREOF, Owner has executed this agreement as of January 12, 1982 ~p~ (This docwnent to be acknowledged with signatures as they appear on deed of title) J STATE OF CALIFORNIA ) County of S ( anta Clara ) SSe \. On this 12th nine hundred and . _ day of January County, Stat _El.qhtv-Two- e of Calif ~ in th = he orn::~W::UlY sworn pe;s~::~~e me, JUdyeDr::r of one thousand exeCuted th-exeCuted the withi to me to be th Y appeared ' a Notary. PUblie e same. n instrument ~e oerson dR~T'7"ilrg ,7 T ' I ..... ' and acknoWred - escribed in a~d?;t:a~i.1i ~.. ged to me that he Jiidy Diaz . - '''/~ fl."" . I' // 1 . - L ,..... "'; JUDY DIAZ r ' ~ . NOTARy FU My Commission ' f S'\NT SUC-CAlIFORNIA expires Sept. ""0'." M ',~ CLARA COUNTY 30, 1983 y CommISSIon exP'i " res ~~pt. 3D. 1983 'I City Clerk, City of Gi troy, per Civil Code Sec. 1181; Government COde ....,,-- G565;',I.GE535 ",..'w,:?,__~:.::-.:,~-:" "- -----------.. RECOrZDER'S MEMC FAINT' WRITING OR TYPI~'a= OR c..\~eON CORIES MtH,n.; "'OOR PiolOTOGRAP'Hrc FiI:.CC.'{'<;) . I I ~"\~~_/.'/ !.:1~~~.:.,,>'; I \~.,,1) ~-_..:/ # ," ~====~ 1lI II 1/1 ~ 1/1 ~ ~ II II II ~.. II ~ II ~ II ~ N 1/ II II ~ ~ ~ ~ II ~ 1/ ~ . J ~ ~,=== II II II II II II II ill ill II ill !) ~ 1 .~ e, ---~-- EXHIBIT IlA11 - LAZZARINI AGREEMENT