PIA No. 2004-17 - GF Construction
RECORDING REQUESTED BY:
DOCUMENT: 18263991
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Fees . + No Fees
Taxes. .
Copies
AMT PAID
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
For the benefit of the City of Gilroy - No Recording Fee per GC Section 6103
Y-l&
Pages: 1 1
RDE ** 006
3/08/2005
\2:41 PM
(SP ACE ABOVE TIllS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2004-17
7995 Princevalle Street, Princevalle Plaza
GF Construction
1
PROPERTY IMPROVEMENT AGREEMENT
COMMERCIAL. INDUSTRIAL. INSTITUTIONAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND
OTHER PUBLIC WORKS FACILITIES
PROJECT NUMBER 2004-17
This agreement is made and entered into this .;I/J-'\"c/ day of Fe b(i.{ti.-~ .2005, by and
between the City of Gilroy, a municipal corporation, herein called the "City" and GF
Construction. a real property owner, developer or subdivider, herein called the "Developer".
WHEREAS, a final map of subdivision, record of surveyor building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real
estate known as and called: Princevalle Plaza. 7995 Prince valle Street. Gilroy. CA. and.
WHEREAS, the Developer requires certain utilities and public works facilities in order to
service the property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes,
Ordinances and Resolutions and certain Rules and Regulations have been promulgated
concerning the subject matter of this agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such
utilities and public service facilities after acceptance by City, and for providing the necessary
connecting system, general plant and appurtenances, and the City is agreeing to discharge those
responsibilities, provided that Developer has faithfully and fully complied with all of the terms,
covenants, conditions to be performed by Developer pursuant to this agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and
between the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of
the City and the laws of the State of California and the United States of America concerning the
subject matter of this agreement are hereby referred to and incorporated herein to the same effect
as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rules and
Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the
current Zoning Ordinance, and the currently adopted Uniform Building Code.
2
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the
Developer in each and every one of said Codes, Ordinances, Resolutions, Rules and
other Regulations and to comply with the foregoing and all applicable laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all
easements and rights of way in and to his said real property necessary for the City in
order that its water, electricity, and/or sewer lines in or to said real property may be
extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless
from all suits, fees, claims, demands, causes of action, costs, losses, damages,
liabilities and expenses (including without limitation attorneys' fees) incurred by City
in connection with (i) any damage done to any utility, public facility or other material
or installation of the City on said real estate which the Developer or any contractor or
subcontractor of the Developer, or any employee of the foregoing, shall do in grading
or working upon said real estate; or (ii) arising or resulting directly or indirectly from
any act or omission of Developer or Developer's contractors, or subcontractors, or any
employee of the foregoing in connection with the work performed by them in
connection with this agreement, including without limitation all claims relating to
injury or death of any person or damage to any property.
d. To construct and improve all public works facilities and other improvements
described in this agreement in accordance with all standards established in the
Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and
this agreement, and in accordance with the grades, plans, and specifications
approved by the City Engineer. Developer shall furnish two good and sufficient
bonds, a Payment Bond on a form provided by the City and a Faithful
Performance Bond, both of which shall be secured from a surety company
admitted to do business in California. Each bond shall set forth a time period for
performance by the contractor of its obligations and the terms and conditions on
which the City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred
percent (100%) of the total estimated amount payable for the improvements
described in this agreement, and shall secure payment to City and the Developer of
any loss due to the default of the contractor or its inability or refusal to perform its
contract. The performance bond shall by its terms remain in full force and effect
for a period of not less than one year after completion of the improvements by
Developer and acceptance of the improvements by City, to guarantee the repair
and replacement of defecti ve material and faulty workmanship. Upon completion
3
of the improvements by Developer and acceptance of the improvements by City,
Developer may substitute for the performance bond. securing maintenance
described above, a separate maintenance bond issued by an admitted surety in the
amount of ten percent (10%) of the total contract price of the improvements
(provided that the amount of said bond shall not be less than One Thousand
Dollars ($1,000)) to cover the one-year maintenance period.
The Payment Bond shall be in an amount not less than one hundred percent
(100%) of the total estimated amount payable for the improvements described in
this agreement. The Payment Bond shall secure the payment of those persons or
entities to whom the Developer may become legally indebted for labor, materials,
tools, equipment or services of any kind used or employed by the contractor or
subcontractor in performing the work, or taxes or amounts to be withheld thereon.
The Payment Bond shall provide that the surety will pay the following amounts
should the Contractor or a Subcontractor fail to pay the same, plus reasonable
attorneys' fees to be fixed by the court if suit is brought upon the bond:
(1) amounts due to any of the persons named in California Civil Code
Section 3181; (2) amounts due under the Unemployment Insurance Code with
respect to work or labor performed for the improvements described in this
agreement; and (3) any amounts required to be deducted, withheld, and paid over
to the Employment Development Department from the wages of employees of the
Contractor and Subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to the work and labor. The Payment Bond shall, by
its terms, inure to the benefit of any of the persons named in Civil Code
Section 3181 so as to give a right of action to those persons or their assigns in any
suit brought upon the bond.
Simultaneously with the submission of its building permit application (Site
Clearance), the Developer shall submit the following for both the surety that
furnishes the Payment Bond and the surety that furnishes the Faithful Performance
Bond: (1) a current printout from California Department of Insurance's website
(www.insurance.ca.gov) showing that the surety is admitted to do business in the
State; or (2) a certificate from the Clerk of the County of Santa Clara that the
surety's certificate of authority has not been surrendered, revoked, canceled,
annulled, or suspended or in the event that it has, that renewed authority has been
granted.
e. That upon approval of the final map of the subdivision, the record of surveyor the
building permit covering the real estate to be improved and before any work is done
therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be
due under the terms and provisions of this agreement.
f. At all times during the term of this agreement and until the improvements constructed
by Developer are accepted by City, Developer shall, at no cost to City obtain and
maintain (a) a policy of general liability and property damage insurance in the
minimum amount of One Million Dollars ($1,000,000), combined single limit for
4
both bodily injury and property damage; (b) workers' compensation insurance as
required by law; and (c) broad form "Builder's Risk" property damage insurance with
limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer pursuant to this agreement. All such policies shall provide
that thirty (30) days written notice must be given in advance to City prior to
termination, cancellation or modification. The insurance specified in (a) above shall
name City as an additional insured and the insurance specified in (c) s~all name City as
a loss payee, and shall provide that City, although an additional insured or loss payee,
may recover for any loss suffered by reason of the acts or omissions of Developer or
Developer's contractors or subcontractors or their respective employees. Developer
hereby waives, and Developer shall cause each of its contractors and subcontractors to
waive, all rights to recover against City for any loss or damage arising from a cause
covered by the insurance required to be carried pursuant to this agreement or actually
carried by Developer in connection with the work described in this agreement, and will
cause each insurer to waive all rights of subrogation against City in connection
therewith. All. policies shall be written on an occurrence basis and not on a claims
made basis and shall be issued by insurance companies acceptable to City. Prior to
commencing any work pursuant this agreement, Developer shall deliver to City the
insurance company's certificate evidencing the required coverage, or if required by
City a copy of the policies obtained.
SECTION 3
That except as otherwise expressly provided in this Agreement, all sums shown herein to be
payable by the Developer to the City are due and payable to the City upon the execution of this
agreement.
SECTION 4
That all the provisions of this agreement and all work to be done pursuant to the terms of this
agreement are to be completed to City's Satisfaction within one year from and after the date and
year first above written. Developer shall maintain such public works facilities and other
improvements described in this agreement at Developer's sole cost and expense at all times prior
to acceptance by City in a manner which will preclude any hazard to life or health or damage to
property.
SECTION 5
That the special provisions concerning the particular real estate referred to above, being
attached hereto, are hereby incorporated herein and expressly made a part of this agreement.
SECTION 6
That the faithful and prompt performance by the Developer of each and every term and
condition contained herein is made an express condition precedent to the duty of the City to
perform any act in connection with this transaction, and the failure, neglect or refusal of the
5
Developer to so perform, or to pay any monies due hereunder when due shall release the City
from any and all obligations hereunder and the City, at its election, may enforce the performance
of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it
may have under the applicable or the Codes, Ordinances, Resolutions, Rules and Regulations of
the City, in the event of any such default by Developer.
SECTION 7
That 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, covenants and
conditions herein imposed shall be binding upon and inure to the benefit of City, Developer and
the successors in interest of Developer. Upon the sale or di vision of the property described in
Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of
each parcel shall succeed to the obligations imposed on Developer by this agreement.
SECTION 8
That the following General Stipulations shall be completed subject to the approval of the
Director of Community Development.
1. Developer shall install a new 8" diameter water main in Princevalle Street from First
Street through the alley behind 7995 Princevalle Street to Miller A venue, including all
appurtenances and connections as shown on the drawing prepared by the City entitled
"Schematic Alignment of New 8" Water main at First St.IMiller A ve./Princevalle"
dated 9/22/04, attached hereto and herein referenced as Exhibit "B". The City shall
pay the cost of the installation to the Developer, a lump sum amount of $102,246.00
upon completion and the City's acceptance of the work. This amount shall include all
associated costs including but not limited to: overhead, profit, superintendence,
insurance, all required bonds, and compliance with requirements stated herein.
2. Schedule the construction of improvements along existing public roads so that the
work affecting vehicular traffic is completed with a minimum interruption to traffic.
3. All work within the public right-of-way shall be subject to the approval of the City
Engineer.
6
SECTION 9
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOT AL AMOUNT DUE CITY
jQ
IN WITNESS WHEREOF, said parties have caused these presents to be executed the date
and year first above written.
A T(EST:
Rhonda Pellin
CITY CLERK
APPROVED AS TO FORM:
~~-,~ u' e/ k::.~)
~-;~~ /., .' /-,_/:/~
, // ___/'-. ( __,-{__j 1 '-
Linda A. Callon
CITY ATTORNEY
IN WITNESS WHEREOF Owner has executed this agreement as of
\~g Farotte, President
Ope-Construction, Inc.
---'------~
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NOTE: If Developer is a corporation, the complete legal name and corporate seal of the
corporation and the corporate titles of the persons signing for the corporation shall appear above.
7
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Property Improvement Agreement No. 2004-17, 7995 Princevalle
Street, Princevalle Plaza, GF Construction
On February 23,2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally 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 his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
, WI2~Y hand and o~ seID
~~}td^--.if'UA:_-(/I'-- '
Signature of Notary Public
r;;:~-~r~N~:Oi~
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~_? .......~~..:'"':,7-<.~:1P"", :,:',_..-;-It:!"c"":.~,.-=-_-~,7"~_~>-'''T:.%J.1'''4_
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
Property Improvement Agreement No. 2004-17
STATE OF CALIFORNIA)
)ss.
COUNTY OF SANTA CLARA)
On ). - '7 ~ D--:;:efore me, .?ft17E-r C!- "A K: $eAJT5 D I\J
personally appeared G eEG FA R-OITE
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
~ m! hand and official seal.
~;J.
Signature
per GC Sec. 40814; CC Sec. 1181
. PA1RICIA Ie. BENTSON
CommIIIIon # '4'734' .
Naay NIle . CIIIJ.:.-.
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VICINITY SITE MAP
Property Improvement Agreement No. 2004-17
7995 Princevalle Street, Princevalle Plaza
GF Construction
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