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Construct Land Development Improvements - Sargenti, Guido and Martha NO FEE per GC See. 6103 '.:Q1 tU(9. ~-1"'} U.J\)J (J F 750 "C~ 306 CITY Of GILROY , . r/ j. ~l~ ;"lrl_i ~i" ' I,:J' 1..., ! G 3 fir! 'B 0 73QO Rosanna Street. P. O. Aox 66 Gilroy. California 95020 f'" 750:)~GE 306 AGREEf1fUT BY OUrlER OR UIS SUCCESSORS IN INTEREST TO COtlSTRUCT lAND DEVElOPttENT H1PROVEr1ErnS .. Project Identification: P~rc~ls I and 2 o~ Parcel 790-15-015 .J This 1$ ~n 4qreen~nt between the CITY OF GILROY. hereinafter referrej to "s "C1 ty", anri Gu i do Sargent i and Martha Sargent i o ~ tr) a:: ~ ~ ~ ~ hereinafter referred to as 11"\1.'~p.rll. UJ r:: ~ a:: :E a:: ~ ~ UtlEREAS, O\-Jner desires to subdivide or develop the property ~ 0 Q ~ d~scr1bed in Exhibit ^ and wishes to defer construction of penmanent ffi ~ 8 ~ improvements and City agrees to such deferment provided Owner agrees fl ~ 2; 2 to construct 1nlprovements as herein provided. o <': [J 0 Co) ~ :? :L NOlI, TIlERE FORE, IT I S AGREED: w ~ u :~ i: ~ 'r: \ L.. ~:'~ 1. AGREEtlHH BInnING OIl SUCCESSORS HI INTEREST '<f .1 This agreement, toqethcr with the attached stipulations. 1$ an instrument affectinq the title or possession of the real property described in Exhibit A. All the terms, convenants and condition$ herein imposed shall he binding ugon and inure to the benefit of the successor5 1n interest of (~mer. Upon the sale or division of the property de~cri~ed in Exhibit A. the tenns of this agreement shall apply separately to each pdrcel and the owner of each pdrc~l sh~11 succeed to the obl1~ldtion$ i~o$ed on Ol'mer by thh 4gre~"t. 11. STREET ArlO ORAHlAGE It~PROVEt1ENTS . 'I' ~ 1~.1 ~ .4 r A. City and Owner aqree that the tmprov~nent$ set forth in this $ect1on n~y be deferred because: Improvements are inappropriate at this time. ,:) ~ ~ .' B. Owner agrees to construct the followlnq improvements on the property described In Exhibit A as well as required off site improvements In the manner set forth In this a~reement: Improvements required by. the City Department of Public Horks as generally described bolo\~. (Cross out Irnprovd:h,;nts that i'lre not required.) I. 2. 3. ~. 5. f, . 7. 8. 9. 10. 11. 12. 13. Curb and CJutter Sidewalks Driveways Street gradlnq. base and pavlnq Storm drainage facilities Erosion control plantlnas and facilities E lectrollers Underground conduit with wiring and pull boxes 8arrlcades and other Improvements needed for traffic safety Street trees and other improvements between the curb and property line. S tree t signs Relocation of exlstlnq fences, si~ns and utilities Payment of a pro rata share of the costs as determined hy the Department of Public \/orks of a storm drainaqe or street Improvement'; which has been. or is to be. provided by nwner and others where such facility benefits the property described In Exhibit A Engineering and Inspection and plan check fees Sanitary sewage facIlities '.-/ater system .~ 750',~Gl 307 Ilj . I') . 16. C. When the City DIrector of Public Wocks determines that the reasons for the deferment of the Improveln~ent5 as set forth In section II no lonqer exist. he shall notify Owner In wrltlnq to commence their Installation and construction. The notice shall he mal led 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 ovJners, 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 Improvements to be installed. If Owner is oblIgated to pay a pro rata share of a cost of a facility provided by others, the notice shal I Include the aITK)unl to be paid and the time when payment must he made. III. PfRFORMAtlCE 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 Counci t. Owner shall cause olans and specifications for the Improvements to be rrepared by competent persons legally qualified to do the work and to suhmlt said improvement plans and specifications for anproval prior tn commencement of the work described In the notice and to pay cltv Inspection f~es. The work shall be done In accordance with city standards In effect at the time Improvement nlans are submitted for approval. Owner aqrees to commence and cOf'lplete the work withIn the time specified In the notice given by the Director of Puhllc \~rks and to notify the City at least lj8 hours prior to st.Ht of work. In the event Owner falls to construct any Improvements requjrel~ under this aqreem...nt. CIty may, at Its option. do the work and collect all the co~ts from Owner. Permission to enter onto the -')- prope~ty or Owner Is granted to City or Its contractor as may be necessary to construct such improvements. F 750;J,'Gc 308 IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by CIty with other ~rcperty cwners, the City and other public aqencles 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 dlsaqrees with the requirements set forth In any notice to commence Installation of Improvements he shall, within 30 days of the date the notice was mulled, 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 I which are constructed dnd completed in accordance with City standards and requirements and are installed within rlqhts 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 requl red, and to maintaIn said improvements and faci llties In a manner which will preclude any hazard to life or health or damane to adJolninq property. '" I. BO~lDS 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 labor and materials bond In an amount and form acceptable to CIty to be rfleasedby 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. VII I . I NSURAtlCE 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 polley of insurance In a form and amount acceptahle to City. , X . I N D E MN IT Y 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 rersons or damage to property suffered through any act or 00ls510n, Includlnq passive negligence or ~ct of negl igence, or both, of the Owner, his employees, agents, contractors, sub- -3- F 7SO'll,GE 309 contractors, or anyone dIrectly or Indlr~ctly employed by either of them, or arising In any way from the work calted 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 ntlsconduct of the CIty or Its agents, servants or Independent contractors who are directly responsible to the City. IN WITNESS \JHEREOF, City has executed this agreement as of Oetober 27, 1980 ATTEST: C ITY OF GILROY '~~'" iJ, ""f:.', ;':','." .,rz;t;iJ,'''''"-.''".:.'','~','~\,',' & qf9 ' ( " ~r"t~ n C 1 f.'l:iJt . H '.'",~...~: rty ...., _ r ,.:,{"::J'>'" ".,. - :1, ~:~ ,:.. . .~. ,,";'," , , ., ,.:.'~,,' "'..:.' ' . ,::,'A," PPROY('~,"A~ TO FORM " \).:~\ fJ " ., ' - "~ (Me/fl' Owner has executed this agreement as of Oetober 22, 1980 'I , ! ~ // - , 'J c-// d.1t: 'p L ;1" -:!<- ' ; , ;;; /j --(./";/~lt/' J " '7 4'~ I - " /~/ IfL/tL;;\ L /,/,-' // 'Z;lh1/t. / ...-.--- (Thia document to be acknowledged with aignaturea aa they appear on deed of title) STATE OF CALifORNIA ) To 1944 CA (8,74) ) S5 . (Individual) F 750'~G~ 310 } ss. "T1TLE INSURANce ~ AND TRUST lousand STATE OF CALIFORNIA COUNTY OF Santa Clara On OctOber 22, 1980 t St GUld~~--_b~fgre medhe.pndeJ;( d N i ale, ","onally app"',d 0 0ar g en n an' "aril\:'f '~a,l'lffl'n'1"'!''' '"odlo, ..'d w- ..J II. 1 ~ A neOR COMPANY . State of ----------------------~ that d acknow. s , known to me to be the persO~whose name S are . , , subscnbed to the wIthm instrument and acknOWledged thatthey executed the same, WITNESS my hand and official seal. \~ . ~0~~ . 0" ,. OFFICL'\L 2E!\L .-/:..>...-"~_..,, f""'~-"'-l' I,~ ("'''-'\.-''1 ir\TTI ! (, .... -,-' ..'" .. ", 'v,\.~':. ....\ 1,'1" '__"'..,/ -..: '"iJ I ! \ ,;. _,' NOT/'.~'( ?U=~_iC .. C/\UFORN1A '\.'::'" S,\f:~,\ Cl!\".A CCLJriTY '.'.k" My c"..,.., o"n"a" '~~.., 23 1980 ,-,..",.I;'\.JlI"').~.~'.>) fflclal year In Signature (This area for official notarial seal) -4- '" ~ '1) ~ X'H~848~O t. /f.79i1.-20-- . r.\~,_.- -LI~.~AN -<(- --- ..--.- :'pt0 35(~ M 4? ., -- ~. /..'::-:::k'", "; ";::'~r'-;.'~"'<'-'.'--"",~,~~-'-;n-T-i;-i.O ~ _J' iii' I, ", "~ <t,. 24 ~ I 25 · '''" " ~ \; :f ei ,,,- ~H!~: ill PCL 2 ~: PCl '!" ~ ' · IC'''o~ I 82 GO ' ' ~ ",".S . as IT 1 ~ 15 I . ; , "'.5 I : '" pel A I PCl C; '.,(. r. : ~!~ 30: I' I ~_J - I. I II e I a: - ,. J!9.}L - - ~~ ~111 . _10 _9 "'I <t PCl,S 1- 28 ~I Y s : !: I ~ 29:: I '.., _ I I I I I 8946 I 99.15 n l _U ',_..~ tOoUS \, 1- ..I -+~--:-rn;NAN ;:.':":;-- .I- - q ~ - ~' . " ;,-'_[ ,;,', .~' - Y'_',.',,' ";...,_,,,_~w -~:,;,s €. r ~, 1-"0 \. . I .<' r,:"',. I .iJ. 1 2 1'~' Z6 :~ 27 " : ,,:,.,.: ~ : .. ~ & _ ~ _ "'I - ,,- ,.'" ~ I 6 ~ - 3 J - peL. A I PCl B :".. "2= I " -;;;1' u';- ~' - ,----- -P,-;3~9"~ M -=-5~ I ' n.1 (ifl,IG. t CljlL'I'l ( AVE. NORTH G!L.ROY TRACT ~ ~C1 I "I ~ f 750\'~.Gt 311 @ --9" --, .-- ~ - ' --- -<( -' -- '?"' - ~ - 11 8' !'tlU' ~ ~ ~ I I e111 "I 1~7,lI' Ii .z @ EXHIBIT "A" VICINITY SITE MAP Sargenti Property JI I,