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Texaco, Inc.PROPERTY DEVELOPMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF MATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS; iNSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES This agreement made and entered into this 15th day of APCL1 , 19_11, by and between the City of Gilroy, a municpal corporation, herein called the "City" and , TEXACO INC. , a real property owner, developer or subdivider, herein called the "Developer ". WITNESSETH: 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: Refer to attached description �Zf 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, 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 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 12 A, )9, 20 and 21 thereof pertaining to local improvement procedures in subdivision or development respectively); Ordinance ,!(1, 602 (Subdivision Procedure, etc.); Crdi•- nar!ce '!o. 711 (Zoning 6rdinance) Ordinance i"o. 865 (1167 Uniform Building Co4e) Rules and Regulations. Included lt; the above are all of the above referred to Codes, Ordinances, Resolutions, Ri-gulotions and Substitutions therefor, as amend- ed to the time of execution of this agreement. Aw DESCRIPTION: PARCEL 1 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM LEWIS J. SACULLO ET UX, TO BELL AND GRIFFIN A CALIFORNIA CORPORATION,', RECORDED JULY 16, 1968 IN BOOK 8193 PAGE 31 OFFICIAL RECORDS OF SAID COUNTY; RUNNING THENCE ALONG THE SOOTHWESTERLY LINE OF SAID BELL AND GRIFFIN PARCEL NORTH 19 018'50" WEST 250.00 FEET;'\ THENCE LEAVING LAST SAID LINE NORTH 70 041110" EAST 60.00 FEET; THENCE SOUTH 61 018'00" EAST 134.64 FEET; THENCE SOUTH 19 °18'50" EAST 148.08 FEET TO 'HE NORTH LINE OF 10th STREET; THENCE ALONG SAID NORTH LINE SOUTH 65 °51' 5" WEST 23.32 FEET; THENCE CONTINU D NORTH LINE SOUT °41'10" WEST 126.76 FEET TO THE POINT OF BEGINNING. PARCEL 2 RESERVING THEREFROM A NG-': EXCLUSIVE EASEMENT FOR INGRESS , ",r:) EGRESS OVER THE FOLLOWING DESCRIBED COURSE: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL 1; RUNNING THENCE ALONG THE SAID NORTH LINE OF 10th °,STREET SOUTH 65 °51'55" WEST 23,32 FEET; THENCE SOUTH 70 041'10" WEST 36.00 FEET; THENCE LEAVING LAST SAID LINE NORTH 25 019'11" EAST 84.32 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 1; THENCE ALONG SAID EAST LINE SOUTH 19018'50" EAST 58.04 FEET TO THE �POINT g?froved BEGINNING. SECTION 2 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, electri- city 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 sub - contractor 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, each of which shall be executed in the face amount of no less than $ 3,500 , 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 sub- contractors 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 § '•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. 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 hereunder when due shall release the City from any and all obligations -2- 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 s 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 DEVELOPMENT COSTS CITY'S COSTS a. Easements S Rights-of -way "On Site ", $ 100% $ 0% b. Easements 6 Right-of -way "Of f s i to ", $ 100% $ 0% c. Street Paving $ 750.00 $ 0% ExIstIng Paivenat 10' x 150' X $0.50 /S.F. d. Street Curbing; $ 100% $ 0% e. Sidewalks; $ 100% $ 0% f. Street Name Signs; $ 100% $ 0% -3- g. Street Tree Planting Parkway Improvements; City Code, h. Street lighting; All Electrollers shall become City property I. Water "On Site" ExIIstiing 138 L.F. 10" CIP C 5.00 / F.F. j. Water 'Off Site" .758 AC @ 315.00 /acre k. Sanitary Sewer "On Site"'-,:.-,- 150 L.F. 10" VCP a 3.00/F.F. $ 100% AM& L AA AA $ 238.77 $ 450.00 1. Sanitary Sewer, 'Off site ", $ 140.00/Lot m. Storm Drains "On Site "; 100$ 1 #0.00 n. Storm Drains, "Off Site ", .758 AC P 586.00 /acre Zone "A" o. Engineering, Inspection & Plan Check 3% x $ 3.500.00 $ 0%. $ 0% $ 0.00 $ 0% $ 0% S 0.00 $ 0.00 $ 444.19 $ 0.00 $ 105.00 STIPULATION. Bore t Jack water, sewer, storm lines. -4- DUE CITY RY DEVELOPER $ 2,817.96 DUE DEVELOPER BY CITY $ 0.00 ifl WITNESS WHEREOF, said parties have causad these ;;resents to be executed the date and year first above written. ATTEST: W2"00; w � A ; �- e 4 - City Clerk PROVED: ty/Attorney CITY OF GILROY Mayor ity `minis rat& DEVELOPER FA NOTE: If Developer is a corporation, the complete,J egal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. Apnro'lef" "n AS - ^ra _5.. it CALCULATION SHEET DEVELOPMENT FEES FOR TEXACO (10th St. E. of Proposed Chestnut) AREA 32,997.12 S.F. = .758 Acres Storm Zone "A" 586.00 /Acre TENTH STREET FRONTAGE 150.00 L.F. 1. Water Development Costs a. Offsite .758 ac. x 315.00/ac. — $ 238.77 b. Existing 10" water line 5.00 /FF x 138 L.F. - 690.00 2. Sanitary Sewer Fees a. Offsite 140.00 /lot - 140.00 b. Existing 10" VCP 3.00 /F.F. x 150.00 L.F. = 450.00 3. Storm Drainage Fees a, Offsite .758 acres x 586.00/ac. - 444.19 4. Streets Tenth Street - Existing Pavement 10' x 150' x $0.50 /S.F. 750.00 5, Engineering s Inspection 3% 105.00 TOTAL $2,817.96 *Does not include water meter or building permit fees r , CALCULATION SHEET DEVELOPMENT FEES FOR TEXACO (10th St. E. of Proposed Chestnut) AREA 32,997.12 S.F. = .758 Acres Storm Zone "A" 586.00 /Acre TENTH STREET FRONTAGE 150.00 L.F. 1. Water Development Costs a. Offsite .758 ac. x 315.00/ac. — $ 238.77 b. Existing 10" water line 5.00 /FF x 138 L.F. - 690.00 2. Sanitary Sewer Fees a. Offsite 140.00 /lot - 140.00 b. Existing 10" VCP 3.00 /F.F. x 150.00 L.F. = 450.00 3. Storm Drainage Fees a, Offsite .758 acres x 586.00/ac. - 444.19 4. Streets Tenth Street - Existing Pavement 10' x 150' x $0.50 /S.F. 750.00 5, Engineering s Inspection 3% 105.00 TOTAL $2,817.96 *Does not include water meter or building permit fees 0 � Y Cublic Works Bond — .r ' Faithful Performance California The Travelers Indemnity Company Hartford, Connecticut (A STOCK COMPANY) CONTRACT BOND BOND # T -799 KNOW ALL MEN BY THESE PRESENTS, That we------- TEXACO --------------------- INC -----------. ------------------------------------------ - - - - -- as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, incorporated under the Laws of the State of Connecticut and authorized by the Laws of the State of California to execute bonds and undertakings as sole surety, as SURETY, are held and firmly bound unto - - -- -CITY OF GILROY -- --------------------------------- - - - - -- in the sum of_ ... THREE THOUSAND FIVE HUNDRED __AND___Q - /a„QQ__.- _- - - - -_- ____.- DOLLARS, for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, executors, 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 -------------------------------- ........ 19......... with the ------ CITY_ OF_ GILROY__ to do and perform the following work, to -wit: CONSTRUCTION OF NEW SERVICE STATION AT 10th STREET AND U.S. 101, GILROY, CALIFORNIA, RT #55 NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform the work con- tracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this --------------- Ift-h ------------- day of- ...... April ---------------------------------- I A. D. 19 -71.. WITNESS--------------------------------------------- - - - - -- --- - - - - -- The Premium charged for this Bond is $35.00. SL .600 PRINTED IN U.S.A. REV. 11 -61 TEXACO NC. BY:_ ------- -- - - -- ----- �sst:-3'egironal-1VTan- - --r - - -- ---(SEAL) Distribution Developinent VELERS - -- - - ---- - - - - - -- , Dav D. Sheldon Attorney-in- r State of California County of Los A'nvir - l SS. On this 16th 1 day of April , 19--7-1, before me personally came David D. Sheldon to me known, who being by me duly sworn, did depose and say: that he is an Attorneys) -in -Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to hil7l in accordance with the By -Laws of the said Corporation, and that he signed his name t OFFICIAL SEAL r' HELEN H. DOANE PUBLIC - CALIFORNIA (Notary Public) / PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires March 25, 1973 My commission expires 3 PRINTED IN U.S.A.