Starlite Homes, Inc.PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS; INSTALLATION OF SEWERS, STORM
DRAINS AA D OTHER PUBLIC VORKS FACILITIES
This agreement made and entered into this �' day of ,
19 by and between the City of Gilroy, a municipal corporation, herein called
the '`City" and Starlite Homes Inc.
developer or subdivider, herein called the "Developer1°.
WITNESSETH:
, a real property owner,
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:
Montebello Apartments and,
k1HEREAS, 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,
WHEREAS, the City, by and through its City Council, has enacted certain
Codes, Ordinances and Resolutions and certain Rules and Regulations have been
I,
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 consiueration 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 I
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. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance No. 602 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance No. 665 0967 Uniform Building Code); Rules
and Regulations. Included in the above are all of the above referred to Codes,
Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to
the time of execution of this agreement.
SECS
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, 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 improve-
ments as set out herein, according to the standards heretofore estab-
lished, 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, each of which shall be executed in the face amount of
no less than $ 35,000.00 , and one of which bonds shall
guarantee that faithful performance of this agreement and the other said
bond 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 11612 of the
Business and Professions 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 costs to be borne by the City, shown in Section 7 there-
of 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.
SECTION 6
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 here-
-2-
under 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 or
Regulations of the City, in the event of any such default by Developer.
SECTION 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 to final determination upon completion of the
work.
I . PACE ILITY DEVELOPMENT COSTS CITY'S COSTS
a. Easements & Rights -of -way
"On Site ", $ 100% $ None
Ag''`1�
b. Easements & Rights -of -way
"Off Site ", $ 100% None
c. Street Paving $ 100% $ None
-- -cc+ip
d. Street Curbing; see City
Code Sec.26 -12, Table 11 $ 100% $ None
e. Sidewalks; see City Code,
Sec. 26 -12, Table 11 $ 100% $ None
f. Street Name Signs; see City
Code, Sec. 26 -12, Table 11- $ 100% $ None
-3-
g. Street Tree Planting
Parkway improvements;
City Code, $ 100%
h. Street Lighting;
$ 100%
electroliers become
City property
i. Water "On Site" $ 100%
$ None
$ None
j. 'later "Off Site" $ 1,668.96 $due
4.636_ Ac x 60.00 /Ac.
k. Sanitary Sewer "On Site"
$ 100% $ None
1. Sanitary Sewer, "Off Site" $ x_520.00 $ None
62 units @ 80.00 /unit
m. Storm Drains "'On Site''
n. Storm Drains, ''Off Site`'
4.636 Ac P 675.QQZAc _
mac`,,,.,
o. Engineering, Inspection &
Plan Check 3.5% x $ 35,000
$ 100 $ None
$ 1,225.00
-4-
fel_
DUE CITY BY DEVELOPER
DUE DEVELOPER BY CITY
* $ 11,543.26
* Does not include building permit fees or water meters.
IN WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
ATTEST:
u / City Clerk
FORM APPROVED:
BY
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.
-5-
CUGINI PROPERTIES
7671 Monterey St.
Gilroy, CA 95020
December 189 1972
City of Gilroy
7390 Rosanna St.
Gilroy, CA 95020
STIPULATIONS:
1. Cugini Properties shall dedicate Montebello Drive
to the full 60 foot right- of-way from its existing terminus
to the Easterly property line of the Montebello Apartment
Development.
2. Cugini Properties shall provide the City with the
right of i:igress and egress along an emerging access roan
which connects to the Montebello Apartment Development.
3. Cugini Properties shall provide an emergency access
road for fire service from Montebello Apartment Development
at the rear of the Cemeteries to the Southerly terminus of
Wren Ave.
4. If a.zy further R -3 developments not covered by these
stipulations is commenced, the developer agrees to construct
a 24 foot wide roadway to connect the :easterly end of
Montebello Drives with Wrea Ave. and shall dedicate the necessary
right-of-way.
5. Cugini - roperties shall maintain all drainage ditches
connecting to the end of Montebello Drive.
6. See Below
CUGINI PROPERTIES
Michael J. Fillce Jr.
Cugini Properties hereby guarantee construction of the southerly
one half of Montebello Drive along the Monte Bello Apartment
frontage. Said construction to be concurrent with the Montebello
Apartment street construction. ��
FISCHER-JENSEN, Insurance
P.O. BOX 5700 - SAN JOSE, CALIF. 95150
• PHONE (408) 264.6700
DIVISION OF Alexander & Alexander, Inc.
• CERTIFICATE OF INSURANCE
F
CITY OF GILROY
City Hall
7390 Rosanna
Gilroy, Ca 95020
This is to certify that the companies or underwriters indicated have issued insurance coverages to
STARLITE HOMES AND /OR MONTEBELLO APARTMENTS
2355 DeLaCruz Blvd.
Santa Clara, Ca 95050
�.._
and that these policies are subject to all of their individual terms and conditions. This Certificate of Insurance neither affirmative-
ly nor negatively amends, extends or alters the coverage afforded by these policies.
CONTRACT: Montebello Apartments
Type of Policy
COMPREHENSIVE LIABILITY
INCLUDING AUTOMOBILE, covering
Manufacturers' or Contractors' )
Protective - Independent Contractors' )
Contractual - Blanket - All Written )
Premises )
Products and Completed Operations )
Automobile Bodily Injury )
AUTOMOBILE PROPERTY DAMAGE
Company
INDUSTRIAL INDEMNITY COMPANY
Policy No. LG 662 -0038
*Expiring January 1, 1973
Limits
$ 100.%000.
Ea. Person
$ 300,000.
Ea. Occurrence
$ 300,000.
Agg. Products
$ 100,000.
Ea. Occurrence
PROPERTY DAMAGE BROAD FORM ) $ 100, 000. Ea. Occurrence
Including MBC, etc, as above with ) $ 100,000- Aggregate
Deductible )
UMBRELLA LIABILITY
EXCESS LIMITS ALL
PERSONAL INJURY AND
PROPERTY DAMAGE COVERAGES
CNA CASUALTY OF CALIFORNIA $1,000,000. Ea. Occurrence
Policy No. RDU 8887501 $1,000,000. Aggregate
Expiring January 1, 1974
WORKMEN'S COMPENSATION INDUSTRIAL INDEMNITY COMPANY
Policy No. CB 685 -2146
*Expiring January 1, 1973
It is the intention of these companies that in the event of cancellation of the policy or policies by the companies, ten (10) days written notice
of such cancellation will be given to you at the address stated above.
*Renewal Certificate will be forthcoming.
Dated: December 13, 1972 r,,,
u,.,..,1 Nen
ca Insured
12/13/72 bs
rW_r1CR- JENSEN, Insurance
B Y
W. L. JENSEN, Authorized Representative O:
The premium for this bond is $ 350.00
PERFORMANCE BOND payable in advance and subject to adjustment at
current manual rates.
Bond No. 143612
HOME OFFICE - MENLO PARK, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS: That we,
STARLITE HOMES, INC,, a California Corporation
of Santa Clara, California
as Principal, and ARGONAUT INSURANCE COMPANY, a corporation organized under the laws of the State of
California and duly authorized under the laws of the State of California to become sole
surety on bonds and undertakings, as Surety, are held and firmly bound unto
CITY OF GILROY, CALIFORNIA
as Obligee
in the full and just sum of
THIRTY FIVE THOUSAND AND NO /100THS - - -
Dollars, ($ 35,000.00 ), lawful money of the United States of America, to be paid to the said Obligee,
successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors,
successors, administrators and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered
into a contract, dated December 14 , 19 72 , with the Obligee
to do and perform the following work, to -wit:
For extensions of water distribution systems: improvement of streets; installation
of sewers, storm drains and other public works facilities covering certain real
estate known as and called Montebello Apartments.
as is more specifically set forth in said contract, to which contract reference is hereby made;
Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the cov-
annnte ennditions and reauirements of the said contract in accordance with the plans and specifications, then
STATE OF CALIFORNIA ce and virtue.
County of Santa. Clara SS.
December 14, 1972 , , ,C�x4� %PMQI .... .
on. .....................before me, or for the use of any person other than the Obligee
Notary Public, State of California, duly commissioned and sworn,
personally appeared ....40A )?e . LAW .....known to me to be the
Attorney -in -Fact of the Corporate Surety that executed the within day of December 19 72
instrument, and known to me to be the person who executed the said
instrument on behalf of the Corporation herein named and acknowl-
edged to me that such Corporation executed the same. STARLITE HOMES, INC,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Principal
my official seal in the County of . santA .Clara the day and year in
this certificate firs�bove written. BY •
.
- . . . - . . VIUIIHIIIUNIIUINI H1111�111 IIIIIUIIRIf NII IIM NNIII ARGONAUT INSURANCE COMPANY
. . . . . . . . . . . -
OL GA POL
s NOTARY PUKIC - e
3
Santa Clara County, California
My commission expires Mar. 8, 1976 = By
iTi1WU11t I11111111111Ult IUIIIIIUIIIIIUIIIUUIUUIIIIIIIUIWIUIIIIIttNU t116: O Ce Attornerin -Fact
FID- 1016 -R3
STATE OF CALIFORNIA )
Santa Clara ss.
- •---- °--- - - - - -- County of--•--------------°-•--_..•---- ---- °•-----•----- --- -- - - - - -•.
On this ......14th day December seventy two
y f ---
before me, ------------ inda-- K -, - -- Anderson- ---------------------- - - - - -- allotary Public in and for the.___...._§dA..._......____. County of
....................... _........ Santa --- cla A_________________________- State of California, duly commissioned and sworn, personally appeared
- - - -- -- - - - - -- - - - -- J'- R. - -- McInerney -• -- ------------------------------------------------ - - - - -- -
known to me to be the --------
of the corporation described in and that executed the within instrument, and also known
����
rq
OFFICIAL SEAL
Lfi%'DA K. 6.'Ai'.IDERSON
" gy
NOTARY t E s CALIFORNIA
F I t� :!. t I�'F. IN THE
eOUNr9 ar se'NU. CLARA
My Commission Expires April 11, 1975
to me to be the person -------- who executed the within instrument on behalf of the corpor-
ation therein named, and acknowledged to me that such corporation executed the same
•-------------- - - - - -- ----------------------------------------------- document----------------------------------------------------------- - - - - --
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal in the
said Count o Santa_. C1az`.
............ ... .. .... . .. . ... Y f ---- ------
the day and year in this lertificate first above written.
r
1
Notary Public in an for the __ said_______. County of ._ -. Sant,L__ Clara .............................
State of California.
CORPORATION ACKNOWLEDGMENT My Commission Expires .... App 12_11,..1925 ..............
LABOR AND MATERIAL BOND
PUBLIC WORK— CALIFORNIA
Bond No 143162
The premium for this bond is included in the
premium for the bond guaranteeing perform-
ance of the contract covered thereunder.
V �i��l rl�� ♦! Ir l
- HOME OFFICE - MENLO PARK, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS:
That we, STARLITE HOMES, INC. , a California Corporation as Principal,
and Argonaut Insurance Company, incorporated under the laws of the State of California and authorized
to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all
persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor,
company or corporation, in the aggregate total of
THIRTY FIVE THOUSAND AND NO /10OTHS - - - Dollars, ($ 35,000.00 )
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered
into a contract, dated December 14 , 19 72 , with the CITY OF GILROY, CALIFORNIA
to do the following work, to -wit: For extensions of water distribution systems; improvement
of streets; installation of sewers, storm drains and other public works facilities
covering certain real estate known as and called Montebello Apartments.
Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its
sub - contractor, fails to pay any claimant 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, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate
sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee,
which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as
costs in said suit.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of
California so as to give a right of action to them or their assignees in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of
California as designated in Civil Code, Sections 3247 -3252 inclusive, and all amendments thereto.
Signed and Sealed this 14th day of December , 1972
STATE OF CALIFORNIA
County of Santa. Clara SS' JTE HONES, INC.
Principal
On. December,140.. 1972 before me, .....
Notary Public, State of California, duly commissioned and sworn, _,
personally appeared ....%TQbR Rt . L49Q ..... known to me to be the
Attorney -in -Fact of the Corporate Surety that executed the within
instrument, and known to me to be the person who executed the said ARGONAUT INSURANCE COMPANY
instrument on behalf of the Corporation herein named and acknowl- surety
edged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County of . Splt .Ci ug. the day and year in
this certificate firs _ ttorney -in -fact
o n . uce
NOTARY PUKIC 9
Santa Clara County, California LE FID -1017 R -2 (1 -72)
My commission expires Mar. 8, 1976m
STATE OF CALIFORNIA
.... ......... . .. .County of - -.. - -- Santa Clara
ss.
... -- • -• -- --
On this -- -14th day Deber - in the year one thousand nine hundred and . -- seventy - -tw0
Y f • • -- ------------------
before me, -- ..Linda K.- Anderson allotary Public in and for the ....__...- .s?id------------- County of
------ ----------- - - - - -- Santa_ -Clara --- _------------- -. - - -, State of California, duly commissioned and sworn, personally appeared
---•------------
------------ - - - - -- McInerney ------------------------------------------------------------------------ - - - - -- --------------- - - --
known to me to be the -------- -- - - -- President
---------------- - - - - -- ----- •- - - - - --
o
of the corporation described in and that executed the within instrument, and also known
Hsu "Ma" ma"tMU e,ISn�n Ml�lh to me to be the person -------- who executed the within instrument on behalf of the corpor-
a F F I C I A, L � � � L ation therein named, and acknowledged to me that such corporation executed the same
ONDA K. ANDERSON document
^a+"` NOTARY PU3'111- — C.AI.IeiA:!a1lA
PRINCIPAL oral'.. ►N rw� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
eoue+TY of SAWA eLSAA said Santa Clara
Expires April 11, 1975 seal in the .. - - - -- County of
My Commission Exp' . ��
��������umu�nuenu?me ttounollesa¢ ara��.rcr, %e.,f the day and year in this certificate first above written.
.......Cpl
Notary Public in and for 'the ---- said County of ---- Santa-- Glapa .............................
State of California.
CORPORATION ACKNOWLEDGMENT My Commission Expires ....... April•- 11,-- 19- 75------------