Filbro Development CorporationPROPERTY UFVELOPNENT ASRUMENT
AGREEMENT FOR FY,TE'ISInr!S OF PATER DISTRIBUTION SYSTE11S:
IMPROVEMEP ;T OF STREET''; I1STALLATION OF SEVERS, STORM
DRAMS AfID OVIER PUBLIC WORKS FACILITIES
This agreement made and enter ?d into this _Uday of July
19 74 by and between the City of Gilroy, a municipal corporation, herein called
the "City" and FILBRO DEVELOPMENT CORPORATION , a real property owner,
developer or subdivider, herein called the "Developer."
WITNESSETH:
PHEREAS, a final map of subdivision, record of survey or building permit
(Site Clearance) application has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
TRACT #6251
and,
WHEREAS, the Developer requires certain utilities and public works facili-
ties in order to service the property under the minimum standards established by
the City and,
UPEREAS, 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.
NOU THEREFORE, in consideration of the 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 concern-
ing 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 and Regulations include, but are not limited to, the following: The
Code of the City of Gilroy (including but not limited to Chapters 12A, 19, 20. 21
and Res. 76 -41 and 76 -47, thereof pertaining to local improvement procedures ins
subdivision or development respectively); Ordinance No. 602 (Subdivision Procedure,
etc_.); Ordinance No. 711 (Zoning Ord.); Ordinance No. 17613 (1973 Uniform Building
Code); Rules and Regulations. Included in the above are all of the above referred
to Codes, Ordinances, Resolutions, Regulations and Substitutions thereof, as
amaiided to the time of execution of this agreement.
-1 --
SECTION 2
The Developer agrees:
a. To perform each and every provision required by
t
formed by the Developer in each and every one OfsaidiCodes,bOrdi-
nances and other Regulations.
b. To grant to the City without charge, free and clear of encumbrances,
any and all stipulated 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 and hold the City harmless and free from all damage and
liability 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
thereof, shall do in grading or working upon said real estate.
d• To construct and improve all public works facilities and other im-
provements as set out herein, according to the standards heretofore
established, and according to the grades, plans and specifications
thereof, all as approved by the City Engineer; and shall furnish
two (2) good and sufficient bonds. One shall be executed in the face
amount of no less than $_, 472,855 and shall
faithfull performance of his agreement; one shall bea executed hIn an
amount no less than 50% of the above mentioned bond and shall secure
payment to the contractor, his subcontractors and to persons renting
equipment or furnishing labor or materials to them for the improve-
ment hereunder, and as provided for In Section 4200 -4210 of the
Government Code of the State of California, the Codes, Ordinances,
Resolutions and Regulations of the City, and this agreement.
e. That upon approval of the final map of the subdivision, the record of
survey or 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, except cost to be borne by the City, shown in Section
7 thereof to be due under the terms and provisions of this agreement.
SECTION 3
That 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.
SECTIO'! 4
That all the provisions of this agreement and all work to be done pur-
suant to,the! terms of this agreement are to be'completed within one.'year. from
and after the date and year first above written.
SECT10i, 5
That the special provisions concerning the particular real estate re-
ferred to above. being attached hereto, are hereby incorporated herein and.
expressly made a part of this agreement.
SECTIOFJ b
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 Vie Developer to so perform, or to pay
J,:',y monies due hereunder when due shall release the City from any and all
CPA
obligations hereunder and the City, .at its election, may enforce the perfor-
glance of any provision hereii;, or any right accruing to the City or may pur-
sue any remedy whatsoever it roay have under the laws of the State of Califor-
nia or the Codes, Ordinances, Resolutions or Regulations of the City, in the
event of any such default by Developer.
SECTIO'i 7
That the following are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said
amounts are estimated only and are subject of final determination upon comple-
tion of the work.
FACILITY
a. Easements 6 Rights
of way "On Site"
b. Easements 6 Rights
of way "Off Site"
c. !13ter "On Site`
see cost schedule
d. !1zter "Off Site
see cost schedule
e. Sewer "On Site"
see cost schedule
f. S(�.er "Off Site"
w /building permit
DEVELON E'.JT COSTS CITY'S COSTS BALANCE
$ 1000 $ -0- $ 1000
$ 100% $ -0- $ 100%
$ 12,466.04 $ -0- $ .12,466.04
$ 22,218.92 $ -0- $ 22,218.92
$ 6.811.33 $ -0- $ 6,811.33
$ deferred
-3-
$ -0- $ deferred
s
g. Storm Drainage
"On Site"
$ 100% $ -0-
$ 100%
h. Storm Drainage
"Off Site" $ 19,170.99 $ -0- $ 19.170.99_.
see cost schedule
1. Engineering. inspec-
tion, & Plan Check,
4% x $ 4721855 $ 18,914.20 $ -0- $ 18.914.20
J. Street Tree
Planting
With dui ldin
Permit
k. Construction Water,
Dust Control E
Eartihwork
see cost schedule
1. Street Paving
$ Deferred $ -0- $ deferred
$ 770.07 $ -0- $ 770.07
$ 100% $ -0- $ 100%
--Sep
No. 3
n. Street Curb E
Gutter $
100% $ -0- $� 100%
n. S i d,,; - -, i k s $ 100%.
c•. Street: Ar!me Signs $ 100% $ -0- $ 100%
F. Fire Hydrants -0- $ 100%
"On Site" $ 100% S
-4-
0
ff
q. Street Lighting $
1000
i -0-
S 1000
DUE f.fY BY DEVELOPER $ 80,351.55
DUE DEVELOPER BY CITY $ -0-
14ET DUE CITY $ 80.,351.55
III IJIT,'tESS 1111EREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
City Clerk.
FORM APPROVED:
CITY OF GILROY
ty 1PPCifmI Kits-Crcitor
DEVELOPER
BY
City Attorney DATE
MOTE: If Developer is a corporation, the complete egal Flame and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
I
ADDITI04AL STIPULATIO °aS AW TERMS
TO THE DEnLOpmj AGREEMENT
BETHEEN THE CITY AND FILM ,DEV, CO. DATED n1Ly 17,-1978
1978
1. Owner shall dedicate and improve all street right of way to City
specifications.
2. The owner shall install a 6' masonary sound wall along all rear
lots which are opposite the school property. The wall may be constructed
concurrently with the construction of the buildings on the lots. An
alternate type wall approved by the City may be installed.
3. The owner shall deposit with the City an amount to improve Thomas
Road along his property frontage to the centerline of Princevalle
Street for a frontage of 161.17 feet.
4. Owner agrees to arrange for the installation of all water and sewer
lateral crossings and extensions on stub out from the water and sewer
mains to prevent the disturbance of the subgrade or baserock on the
Princevalle frontage. Owner will overlay Princevalle Street with a one
inch lift of asphalt upon completion of paving. City will reimburse
developer for 1" overlay (offsite) upon completion.
S. The owner shall construct a masonary sound wall on the rear lot line of
of lots 1 &3.
6. A temporary levee shall be constructed on the rear of lot 1 (one)
thru 5 (five) . The remaining section of levee shall be installed
upon construction of lots 58, 59, 60, 61 and 71.
SIGNATURE.
CITY OF GILROY
DEVELOPMENT COST SCHEDULE
Location of property THOMAS ROAD
Assessor's Parcel #
Name of Applicant FILBRO DEVELOPMENT CORP.
Address
Type of Development Proposed RESIDENTIAL
Area 22.0864 Storm Zone A
Frontage THOMAS ROAD
Water line on Thomas Road 390.8'
Water line on Princevalle 450.0'
Water line on perimeter 1094.92
Sewer Main on Thomas Rd 161.17
Sewer Main on N.P.L. 817.01
Sewer Main on Princevalle 360.00
COST SCHEDULE
1. Front Foot Water Charges
f10 .
Date 7/13/78
Initialed
1935.72 LF @ 6.44 /F. F. _
$
12,466.04
2.
Front
Foot Sewer Charges
1338.18 LF @ 5.09 F.F. _
$
6,811.33
3.
Front
Foot Storm Charges
LF @ /Fb.,E. _
$
100%
4.--Front
Foot Street Improvements
SF 0. / S.F. _
$
1000
5.
Front
Foot curb & gutter charges
1000
6..-Area
14ater Charge
22.0864 Acres @ 1006 Ac. _
z
$
-
22,,218.92
r"
7. Area Offsite Storm Drainage Fees
22.0864 Acres 9 $868 /Acre =
8. Offsite Sanitary Sewer Fees
9. Recreation Fees
10. Engineering Plan Check & Inspection
4! x 472,855
11. 1.4ater Pieter Charge
Pieter @ _
12. Electroliers
LF @ _
13. Fire Hydrants
LF @ _
14. Construction Water
45-000 AF + /Acre = 23.0207 x 5.65
15. Street Trees
16. _
17. _
Total =
STIPULATIONS
q 19,170.99
$ w /building permit
$ w /building permit
1 (1in )n
$ w /building permit
1000
1000
$ 770.07
$ w /building permit
$
$
$ 80,351.55
QThe Ohio Casualty Insuran
136 North Third Street, Hamilton, Ohio 4SO25
I
0
ce Company
Bond No 1- 968.421
LABOR AND MATERIAL BOND
CALIFORNIA —PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that FILBRO DEVELOP14ENT COMPANY
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized to execute
bonds in the State of California, as Surety, are held and firmly bound unto City of Gilroy
as Obligee, in the sum of Two hundred thirty six thousand, seven hundred eighty
four and no /100 ------------------------------------
Dollars (1236 , 784.00
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal on the Eighth day
of August 19 78 , entered into a contract with the Obligee for
l S 11.E rs A
Development of Property Tract #6251, Gilroy, California
NOW, THEREFORE, if the above - bounden Principal or his subcontractors fail to pay any of the persons
named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and
his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code of the State of California, with
respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in
this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims
under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Signed and sealed this Eighth
,
Calif. S 3591 b
day of August
1978
L�G�^
Principal
THE HIO CASUALTY INSURANCE COMPANY
a" By
Geo ge A. Parrish Attorney -in -Fact
AFFIDAVIT OF ATTORNEY -IN -FACT FOR SURETY
STATEOF ...... .....California ................... .............................. SS.
COUNTY OF .....S.an.ta.. Clara .........................
8thAugust ...................... ............................... 19......, before me
Onthis ................day o ..............
personally appeared .............. George.. ...?4: ri. sh ............... ............................... Attorney -in -fact,
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
Gilroy, California
......... : that he is the
duly sworn, did depose and say, that he resides ><n...
.................................................
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of rectors of
said corporation, and that he signed and executed the said instrument as Attorney-in -fact of id cor-
ueneueem®euuuuuunuunununnuuuun■
poration by like
OFFICIAL SEAL � (.� /jam
M1s
A DEAN a ••
My
Commission expo ,« ' Fp *;ARN. PUBLIC — CALIFORNIA Notary Public.
PR XCIPAL OFFICE IN THE
Form S -170 COUNTY OF SANTA CLARA
a`5 Comm. Exp. May 29, 1982
�saaeauesms�seunw sv ®amee�eu:unuu ®�eeesue�e��
►,
Q� The Ohio Casualty Insurance Company
136 North Third street, Hamilton, Ohio 45025
ed as, W
City Attorney
Bond No.. 1- 968 =421
PERFORMANCE BOND
CALIFORNIA— PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That FILBRO DEVELOPMENT COMPANY
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized
to execute bonds in the State of California, as Surety, are held and firmly bound unto
City of Gilroy
as Obligee, in the sum of Four hundred seventy three thousand five hundred
sixty eight and no /100 -------------------------
Dollars ($ 473, 568.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract,
dated Augus t 8 , 19 78 , with the Obligee
to do and perform the following work to -wit:
Development of Property Tract #6251, Gilroy, California
NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed
under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this Eighth day of August , 19 78
FILBRO DEVELOPMENT COMPANY
Calif. 3-3590,,
Principal
At
THE O I CASUALTY IN URANCE COMPANY
By
Georg A. Parrish AtForney -in -Fact
AFFIDAVIT OF ATTORNEY -IN -FACT FOR SURETY
STATE OF . .....California
Santa Clara S'S. COUNTY OF ......................... ...............................
Onthis ...... Bt4 ... day of..... AugUS. t .............................. ..............................1 19..78, before me
personally appeared .............. .G. eor. ge... A.... F.ax•x is h.............................................. Attorney-in -fact,
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in ....... GilrOy1 California
........................ , that he is the
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as AttorneZ-of aid cor-
poration by like order® aOFFICIAL SEAL
My Commission expiri �RIEA DEAN.....:........
s ��-
' NOTARY PUBLIC — CALIFORNIA
Porm S-170 - ' PRINK IPAL OFFICE IN THE Notary Public.
' COUNTY OF SANTA CLARA
Comm. Exp. PAay 29, 1982
®aaaalesr�aser,.aasEaaaF®e� .. -9� +.•,r;,ER;aaeaaaaaeaaeseauu�