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Construct Land Development Improvements - Piazza, Phillip J. and Barbaglia, Randy and Carolyn N0 FEE per GC Sec. 6103 3 2-..3 6'737604 H:"'ED fGH RE:>)RO #f l~'!:nl Ie SO, "J." f". "\'.;::'f M . f ,,"-:,\.:t'~, di-',. .' VI.: CITY OF GILROY 7390 Rosanna Street7 P. O. ~ox 66 ~ Gilroy, California ~~ 95020 END m. O R S E O. C ........ c~~~i'ftfJl.r;Jy, J 'ii : A Mn/t: --, AGREEr~ENT BY OlmER OR HIS SUCCESSORS IN INTEREST TO E,I;::::":i;,1; i;Z.cmWER COnSTRUCT LAND DE\!ElOPflPJT H1PRnVP1HlTS MAY 22 10 07 1:\11 '80 Project Identification: NW Corner (1.269 acres) of Church and ~elburn Streets (Assessor's Pcl 790~28~002) This is an aqreement between the CITY OF GIl~OY, hereinafter referre:L to RS "City", anti Ph ill i p J. Piazza, Randy Barbaq 1 i a and Carolyn Barbaglia herei nafter referred to as I! '1"""'r>rll . I!HEREAS, Ouner des i res to subd i vi de 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. nOI!, THEREFORE, IT IS f\G~EED: 1. AGREEr1ENT BDDPIG Or! SUCCESSORS PI INTEREST This agreement, toqether with the attached stipulations, is an instrument affectinq the title or possession of the real property described in Exhibit A. Ail the terms, convenants and conditions herein imposed shall he binding upon and inure to the benefit of the succeSsors in interest of O~mer. 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 obl i~ations imposed on 01,'mer by this agreement. 11. STREET AND DR.l\INAGE n1PROVH1H1TS A. City and Owner aqree that the improvements set forth in this section may be deferred hecause: These improvements are inappropriate at this time. B. Owner agrees to construct the following imorovements 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 oelm.... (Cross out improvements that are not requ ired. ) +.- - -tvrtr -arnt -gt.rtteT" 2 . S i dewa 1 ks 3. Driveways 4. Street grading, base and paving -5-.- --S-t~ -d-l"&~ -~t-l-t-H"e5" (.,...- - -E-ros-I-on- -con-t:1"o-l- i)"J..en.t-i-n<ts- -and- -~i-1-i-~i-e5 7. Electroliers 8. Underground conduit with wiring and pull boxes 9-.- - -B-a-r-r-i-ca-deg- -and- -o-the-,.. -~~t-s- -Aeede4 -~F- -H.af.f. i-G- -s.af.&t..'f 10. Street trees and other improvements between the curb and property line. 1 }-.- - S-t ree-t- -s-i-crn 5 12. Relocation of existinq fences, sions and utilities 13. Payment of a pro rata share of the costs as determined hy the Department of Public Vorks of a storm drainage 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 1 !f.- - -S-arrh-aIY""Sl'!Wa-ge- -fae j- }-i-t-~ 1& .- - -1lfa-re"r -systl=mT - C. When the City Director of Public Wo~ks determines that the reasons for the deferment of the improvements as set forth in section II no 10nqer 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 adooted 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 HORK 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 anproval 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 ~~rks 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 agreem~nt, City may. at its ootion, do the work and collect all the costs from Owner. Per~ission to enter onto the -2- 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 ~rcperty cwners, the City and other public aqencies 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 disa~rees 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 IMPROVEMENTS City agrees to accept for maintenance those improvements specified in Section 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 aqency 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. \I II. BO~IOS 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 rfteased 'hy 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. 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 Ci ty. IX. INDEMNITY 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 ooission, including passive neqligence or dct of negligence, or both, of the Owner, his employees, agents, contractors, sub- -3- 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 May 19, 1980 APPROVED AS TO FORM C!TV OF GI LROV rj A ATTEST: ~~~~ City Clerk wl.~_. ~ . g~ff)H_~- IN WITNESS WHEREOF, Owner has executed this agreement as of 25th April 1980 ~.) c. // -, ~-) / C ~-;;". ~!l..J(.~(/~U. ~. . ~/~tCc.<~'-(~ / ~ j (This document to be acknowledged with signatures as they appear on deed of title) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) On this 25th day of April in the year one thousand nine hundred and eiqhty , before me, 5lJsannp F. Steinmptz . a Nota~y-Public. City Clerk. City of GilroY~ State of 1! ~ STATE OF CALIFORNIA COUNTY OF .._........~~;g:tt.~...GJ.~r.~... } ss. On this ....3.Q.th...... day of ....N?~.~J............... in the )'ear one thousand nine hundred and ...eig.h.ty...... before me, ......~.+.y.~.t.~l...~.~.+..f~.:r..t.y..........., a Notary Public, State of California, duly commissioned and sworn, personally appeared....... ..:P.hil.lip...J..... ..P.i az. z.a....................................... ............. .... ............................................................................................................................... . known to me to be the person ..... whose name ..is....... subscribed to the within instrument and acknowledged to me that .....he..... executed the same. IN WITNESS WHEREO~.!, have hereunto set my hand aryl affixed my official seal in the ................/::':'.... County of .S.aJ.\t.a..J:aa.;iA'e day and year in this certificate first aboqi written. '. // <::---.. " .~: .' i /.yf;, ~?<tj l: . .,ur-:'N:;~~~i9A;t:~~.k'~ My commission expires .:..,...........4::~)..f!.-::.f).1..........()..... ~ .. .... .. ..~."':~..-':~ '\""~'~ CRYSTAL RAFFERTY I ". N..O'^';'";~.~,~......(.~.:.::;.,:~<.)Rr.~IA]1 L______ Mv Commission Expires Apr. 2b._1.9~lj -.-~...-... Cowdery's FOJm No. 32-Acknowledgement-General (C. C. Sec. 1190a) I Ap r ill 7, 1980 EXHIBIT A STIPULATIONS Piazza/Barbaglia Agreement 1. Dedicate rights-of-way for 431 half street of Church Streets. (Now) 2. Replace all broken sections of curb and gutter. (Upon development) 3. Patch existing failed areas of pavement, as directed in the areas of street to be resurfaced. (Prior to surfacing) 4. Resurface Church Street along the property frontage to five feet easterly of the centerline. Resurfacing shall provide at least I! inches of asphalt overlay in the travel way feathering between centerl ine and five feet easterly thereof and feathering in the 8 feet adjacent to the lip of the gutter. If necessary, raking fines shall be used to make a smooth feathered edge. (See Stipulation #11) 5. Resurface Welburn Avenue along the property frontage to five feet southerly of the centerline. Feathering shall be accompl ished in the area south of the centerl ine using raking fines if necessary to provide a smooth product. Rather than feathering along the 1 ip of gutter, the contractor shall remove a strip of asphalt no less than 3 feet wide and shall conform the finished pavement to the lip of gutter. (See Stipulation #11) 6. Install sidewalks to city standards along both the Church and Welburn front-ges. (See Stipulation #11) 7. Install two electroliers along Church Street one at the NE corner of Parcell and one at the SE corner of Parcel 2. (See Stipulation #11) 8. Remove the existing Black Walnut stump from the area behind the curb on Welburn Avenue. (See Stipulation #11) 9. Identify, locate and properly dispose of any wells, septic tanks and underground fuel storage facilities prior to the issuance of any building permits. 10. Because of the extensive paving requested the city will not charge the developer for the existing pavement along Welburn Avenue. 11. The above-referenced improvements shall be accompl ished prior to the occupancy of any building to be constructed hereon or within twelve months of the sale of any of the parcels, whichever comes first. 12. Fees for front foot water and sewer charges along Welburn Avenue are to be paid at the time that the referenced improvements are initiated. No front foot water and sewer charges are appropriate for the Church Street frontage. .. Piazza/Barbagl ia Agreement Apr i 1 17, 1980 Page 2 13. Area water and drainage fees shall be paid at the time that the referenced improvements are initiated. These fees are to be charged against the 1.269 acre site less a credit of 0.230 acres for that portion of the property which had been developed previously. 14. A fire hydrant fee shal I be collected at the same time that the referenced improvements are initiated. Said fee shall be charged for the 186 foot Welburn Avenue frontage only. 15. Engineering Plan Checking and Inspection and the Construction Water Fees shal I also be collected upon the initiation of said improvements. 16. All fees shall be paid at the rates in effect at the time of payment. 17. Owner has one credit for a minimum sewer fee. It will be used upon the development of the first of the four parcels. Accepted by: