Martin, LloydPROPERTY DEVELOPtIENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEHENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
This agreement made and entered into this
6th day of July
19�_, by and between the City of Gilroy, a municipal corporation, herein called the
"City" and L l o y d M a r t i n , a real property owner
develper or subdivider, herein called the "Developer "'.
WHEREAS, 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:
la..der lnclustrial Park Tra- ct#1108
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, 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.
NOW 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 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 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 ,Res. 80 -58 and 76 -47,
thereof pertaining to local improvement procedures in subdivision or development
respectfully): Ordinance No. 711 (Zoning Ord.): Resolution 81 -17 (1979 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
amended to the time of execution of this agreement.
A '
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 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, electricty, and /or sewer lines in or to said
real property way 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
improvements 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 $ and
the other shall be executed in an amount no less ttian 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 improvement 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.
The faithful performance bond hereinabove provided for, shall by the
terms remain in full force and effect for a period of one (1) year after the
completion and acceptance of said work, to guarantee the repair and
replacement of defective material and faulty workmanship.
In lieu of said faithful performance bond for maintenance, the
Developer may furnish a maintenance bond in the amount of 10% of the total
contract price (with a minimum amount of one thousand dollars $1,000.00) to
cover the one year (1) maintenance period.
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.
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 within one year from and after the
date and year first above written.
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.
-2-
n'+.^�TTAl1 L
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 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 laws of the State of California or the Codes,
Ordinances, Resolutions of the City, in the event of any such default by
Developer.
nonmT�.1 -r
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 to final determination upon
completion of the work.
FACILITY
Engineering flap Checks
a). Subdivisons $190.00 + $3.00 (n)
Parcel Maps $ 80.00 + $3.00 (n)
n= Number of lots
$190.00 + $3.00 (9) _
n 9. lots
b) Engineering Plan Check
and inspection
Sx x $1�7.noo.00
c) Miscellaneous Engineer
Service
No. of hours x $28.00
4 hours
d) Public Works Microfilming
$5 /Sheet (flaps and Plans)
DEVELOPMENT COST
$ 217.00
1 !Q
$ 112.00
$ 25,.00
e) Fire Hydrant Location Fee
$29.00 for first five hydrants
+ 3.00 for each additional
4 hydrants
f) Area Water Charge
10.00 Acres @ $ 1 548. 0)DAcre =$ 1 5 , 480.00
Less $11,888.00 Credit
$ 29.00 —
$ 3592.00
gee Laics. ana �,tipuiations
g) Construction Water $ 510.00
.11211 _ 27 LF @ $0.34 /LF +10, 00 Acres @ $12.75 /Acre
h) Off -Site Storm Drainage
10.00 Acres @ $ 1234.00 /Acre = $ 12 , 340.00
Acres @ /Acre
Less $ 12,404.00 C red i t
See Calcs and Stipulations
i) Front Foot Water Fee
LF @ LF
j) Front Foot Sewer Fee
LF @ LF
k) Front Foot Storm Drain Fee
LF @ LF
1) Street Paving*
SF @ /SF
M) Curb and (utter
LF @ /LF
$ -0-
$ By Developer
$ By Developer
$ By Developer
$ By Developer
$ By Developer
i
r
n) Galvanized Pole Electroliers
LF @ $ /LF
o) Electrolier Conduit
LF @ $ / LF
p) Fire Hydrants
LF @ $ /LF
q) Utility Pole Mounted Electrolier
LF @ $ /LF
r) Easements and Rights of Way
"On Site"
a) Easements and Rights of Way
"Off Site"
t) Other
$ By Developer
$ By Developer
$ By Developer
$
100%
$ 100%
$ -0-
DUE CITY BY DEVELOPER $ 12,335 .00
DUE DEVELOPER BY CITY $ -�_
NET DUE CITY $ 12 .00 _
LN WITNESS WHEREOF, said parties have caused these presents to be executed
the date'and year first above written.
ATTEST:
l�
City Clerk
FORM APPROVED
City Attorne
CITY OF CILROY
FVAI
WA01
DEVELOPER
�! S J •� G
BY G�
BY
DATE �
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.
-6-
STIPULATIONS
JASKER IND. PARK TRACT # 7308 DEVF.LOPrtENT AGREEtiENT
1) Locate and properly dispose of wells, septic tanks and fuel storage
facilities, prior to the issuance of any building permits.
NOTE: THE CAPPING OF A-W TELL GiILL REQUIRE INSPECTION BY THE SANTA CLARA
VALLEY WATER DISTRICT.
2) All fees are payable at the current rate at time of payment.
3) Before construction utilizing combustible materials may proceed, an all
weather access rust be provided to within 150 feet of the building site;
and at least one in service fire hydrant must be available within 500 feet
of each portion of the site wherein this construction is to take place.
4) This agreement shall run with the land and be binding upon any successors
in interest.
5) The developer will be reimbursed at this time for oversizing and 1/2 the
cost of the water main in hurray Avenue. The reimbursement will be
credited to the AREA WATER FEES. (See calculation sheet).
6). The developer will be reimbursed for the installation of Storm Mains,
first by crediting to the Area Storm fee and the remainder to be
reimbursed upon receipt by City of fees paid, when other properties within
the same storm drainage area are developed. Repayment shall be made only
from properties which develop within ten (10) years of this agreement (See
Calculation Sheet).
7) The developer will be reimbursed for oversizing the sewer main in Murray
Avenue at the time of acceptance of the tract. (See Calculation Sheet).
8) The developer will be reimbursed for 1/2 the cost of a 10" SEWER MAIN at
the time of development of the parcel on the east side of 'Murray Avenue at
the rate the City is charging at the time of development of said property
to the east, providing said property is developed within 10 years of this
agreement.
�Sl1��sY; / � G
Accepted byc_= ��
Date_ --��
CALCULATIONS
JASKER INDUSTRIAL PARK TRACT NO. 7308
COSTS AND FEES ARE ALL SUBJECT
TO ADJUSTMENT AT SUCH TIME AS SAID FEES ARE PAID.
WATER MAIN OVERSIZING
915 L.F. 12" DIP @ $22 /LF
to 10" DIP @ 19 /LF
Difference of 3 /LF $2745.00
1 12" Gate Valve @ $800.00 ea
to 10" Gate Valve @ 700.00 ea 100.00
1/2 10" DIP in 'Murray Aveune
915 L.F. @ 9.50 /LF 8693.00
1/2 10" Gate Valve 350.00
TOTAL S11,888.00
(To be Credited to
the Area Water Fee)
SANITARY SEWER MAIN OVERSIZING
764 L.F. 15" VCP @ $28 /LF
TO 10" VCP @ 20 /LF
Difference 8 /LF $6112.00
To be reimbursed upon Acceptance
of the Tract.
r
STORM SEWER tIAIN
CALCULATION SHEET #2
468
L.F. 24" RCP @
$'15,65 /LF =
$.7,324.00
80
L.F. 24" CMP @
22.00 /LF =
1f760.00
3
EA. STORM PfANHOLES
@
795.0o =
2,385.00
1
STORM OUTFALL
935.00
$12,404.00
Less 12,340.00
Remainder to be $ 64,00
Reimbursed -
See Stipulation #6
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UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, TACOMA, WASHINGTON
Bond No. U 44 45 57
PAYMENT BOND
CALIFORNIA —PUBLIC CONTRACT Approve Form-
CRY City A, rn °_y
KNOW ALL MEN BY THESE PRESENTS, that Jasker Inc.
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author-
ized 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 One Hundred Fifty Seven Thousand and no /100ths------- --- - --
------------------------------ - - ---- ------ --- --- -- -COI Iars ($ 157,000.00------)
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 2 (",,th day
of June 19 c'2_ , entered into a contract with the Obligee for
Jasker Industrial Park Tract #7308
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, 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 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 28th
BDU -2804 ED. 5/72 (CALIF.)
day of June 19 82
10 i
- ii►
UNITED PACIFIC INURANCEE COMPANY
By .4ye"n4) ..... .
Linda Grove, Attorney -in -Fact
UNITED PACIFIC INiBURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
PERFORMANCE BOND
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That Jasker Inc.
Bond No. U 44 45 57
Prenitun: $2,826.00
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation authorized to
execute bonds in the State of California, as Surety, are held and firmly bound unto
City of Gilroy
as Obligee, in the sum of One Hundred Fifty Severe Thousand and no /l00ths--------- - - - - --
--------------- ---- -----Dollars ($ 157,000.00--- --- - -)
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 June 2F' , 19 `'2 , with the Obligee
to do and perform the following work to -wit:
Jasker Industrial Park Tract #7308
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 28th day of June , 19 82
JASKER,
UNITED PA_CIIFIC INSURANCE COMPANY
By- -- —
Linda Grove, At torney -in -Fact
BDU -2801 CAL. - CONTRACT - PUBLIC - PERFORMANCE B -2035
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint
LINDA GROVE of SAN JOSE, CALIFORNIA-- - - - - --
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - - --
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows.
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertaking, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of D ,ectors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolut on has not
been amended or repealed.
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate
seal to be hereto affixed, this 25th day of June 19 81.
STATE OF Washington
COUNTY OF King
On this 25th day of
UNITED PACIFIC INSURANCE OMPANY
SEAL 1
Vice President
1 ss.
J June 1981 , personally appeared Charles B. Schmalz
to me known to be the Vice - President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore
going instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company, and the
Resolution, set forth therein, are still in full force.
My Commission Expires: ', ±.,
M�NOfRR1 i
June 12 , 1982 :Fiu�;c Notary Public in and for St to of Washington
Residing at Tacoma
I Charles J. Falskow Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 28th day of June 1982
8DU -1431 Ed. 4/80 nill, Assistant istant Secretar y il k4L� ��
—