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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�