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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 �m m � O w z b o 2 io Z m e e e n S m n n i- z WNZI < ANIMAS !nn i D �s> D ro` sd eJ w 4 vv aoe i b m tae XA SO 179 50 470.33 �rNC mb o� �OS� n � � N y J fl S m C'1 75- 7_.__._._ :J v J W _ u N v I z57 \ u c b N m N A b 2 D O . 11 r I W �.N I 4 473 O I z - -- - - -- m ' 444 � �i1 f ♦ D N r ,VICINITY SITE MAP ^', m m o JASKEfb INDUSTRIAL PARK i TRACT # 7303 n s � � to a _. I • a w A O !A W W - -- - _ v i a C;i7' ?00 N a i . fir. .: ''V) � r ,. I 1i,�i.r IAI' 1'"{ J�b:�'.�'� - 1`•. = T LAS - ANIMAS sd eJ w 4 vv aoe i b m tae XA SO 179 50 470.33 nn w O .Z C r r l � � I m a � I m n • a < N li 66(7 V I s m J fl S m C'1 75- 7_.__._._ :J v J W _ u N v I z57 \ u c b N m N A b 2 D O . 11 r I W �.N I 4 473 O I z - -- - - -- m ' 444 � �i1 f ♦ D N r ,VICINITY SITE MAP ^', m m o JASKEfb INDUSTRIAL PARK i TRACT # 7303 n s � � to a _. I • a w A O !A W W - -- - _ v i a C;i7' ?00 N a i . fir. .: ''V) � r ,. I 1i,�i.r IAI' 1'"{ J�b:�'.�'� - 1`•. 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� �� —